| Date: | 05/16/2002 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board Number 031051-00 |
| Location: | Boston |
| Referenced Sources: | James Carmilia v. General Electric |
- Employee: George Cutter
- Employer: Wenworth Institute of Technology, Wenworth Institute of Technology
- Petitioner: Travelers Insurance Co. and Workers' Compensation Trust Fund
LEVINE, J. The Workers’ Compensation Trust Fund ("Trust Fund") appeals from an administrative judge’s decision awarding reimbursement under § 37 for an injury to George Cutter, now deceased, which occurred on or about March 9, 1990. Mr. Cutter received benefits pursuant to §§ 34 and 35 from May 14, 1990 to August 23, 1999, the date of death. (Dec. 4.) The Trust Fund argues that the decision should be reversed because the reimbursement claim was time-barred and because the award of § 50 interest and of attorney’s fees to the insurer was contrary to law. We agree with the Trust Fund that, based on our recent decision in Carmilia v. General Elec., 15 Mass. Workers’ Comp. Rep. 261 (2001), it was error to award § 50 interest. We also agree that there is no authority to award the insurer attorney’s fees. However, we do affirm the award of § 37 reimbursement.