Decision  John Comeau v. Enterprise Electronics

Date:	11/06/2015
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board Nos. 053255-93, 055388-95
Location:	Boston

• Employee: Jeffrey Comeau
• Employer: Enterprise Electronics
• Insurer: Liberty Mutual Insurance Company(1) and Massachusetts Insurer’s Insolvency Fund (2)

HARPIN, J. The employee and the Massachusetts Insurer’s Insolvency Fund (MIIF) appeal from a decision awarding the employee § 34A benefits and § 50 interest from April 1, 1996 and continuing. We affirm the decision, with one exception: we vacate the date assigned for the inception of the awarded § 50 interest, and award interest from January 25, 2010.

¹ The insurer on the employee’s December 21, 1993 date of injury was Wausau Insurance, which was subsequently acquired by Liberty Mutual. Liberty is now the insurer of record for that date of injury, and will be referred to as such throughout this decision. (Decision of March 14, 2011, 567; Comeau v. Enterprise Electronics, Inc., 26 Mass. Workers’ Comp. Rep. 229, 232 n. 3 [2012].)

² The insurer on the employee’s October 2, 1995 date of injury was Eastern Casualty Insurance Company, which subsequently became insolvent on June 9, 2010. Comeau, supra. Thus, the Massachusetts Insurer’s Insolvency Fund (MIIF), which took over Eastern’s obligations pursuant to G. L. c. 175D, § 5, is the insurer for purposes of this appeal. For purposes of clarity, all references to the insurer for the 1995 accident will be to MIIF.