Decision  Gertrude Soares v. Steven Riccardi and Olin Aegis

Date:	12/27/2001
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board Nos. 005200-99, 006803-99
Location:	Boston

• Employee: Gertrude Soares
• Employer: Steven Riccardi and Olin Aegis
• Insurer: Liberty Mutual Insurance Company and Workers’ Compensation Trust Fund

LEVINE, J. The Workers’ Compensation Trust Fund ("Trust Fund") appeals from a decision in which an administrative judge ordered it to pay compensation for the employee’s January 22, 1999 injury, which she suffered while working for the employer, Steven Riccardi. Riccardi operated a cafeteria on the premises of Olin Aegis, a technology manufacturing firm. Riccardi failed to obtain workers’ compensation insurance, and was uninsured at the time of the industrial accident. On the employee's claim for workers’ compensation benefits, the judge, pursuant to G.L. c. 152, § 18, found that the Trust Fund stood in place of the uninsured employer and was liable to pay benefits.¹ We affirm the decision.

¹ G.L. c. 152, § 18 (inserted by St. 1911, c. 751, pt. 3, §17), provides, in pertinent part:

If an insured person enters into a contract, written or oral, with an independent contractor to do such person’s work, or if such a contractor enters into a contract with a sub-contractor to do all or any part of the work comprised in such contract with the insured, and the insurer would, if such work were executed by employees immediately employed by the insured, be liable to pay compensation under this chapter to those employees, the insurer shall pay to such employees any compensation which would be payable to them under this chapter if the independent or sub-contractors were insured persons. . . . This section shall not apply to any contract of an independent or sub-contractor which is merely ancillary and incidental to, and is no part of or process in, the trade or business carried on by the insured . . . .