|Organization:||Department of Industrial Accidents|
|Docket Number:||DIA Board Nos. 004718-89, 029283-13, 012201-13|
- Employee: John Pastore
- Employer: Polaroid Corporation, Inc.
- Insurer: Polaroid Corp., Inc. Self-insurer (insolvent), Workers’ Compensation Trust Fund (Trust Fund) (1), Commercial Union/One Beacon (Excess Insurance Carrier)
KOZIOL, J. The Workers’ Compensation Trust Fund (WCTF) and Commercial Union/One Beacon (One Beacon), cross-appeal from a decision ordering the WCTF to pay the employee § 34A benefits, § 34B cost of living adjustments (COLA), and requiring One Beacon to reimburse the WCTF pursuant to the terms of One Beacon’s reinsurance contract with the now insolvent self-insurer, Polaroid. (Dec. 6.) We reverse the judge’s award against the WCTF, affirm his determination that the employee is not bound by One Beacon’s 1998 agreement with Polaroid, and order One Beacon to pay the employee § 34A and § 34B COLA benefits from the date Polaroid’s statutory bond exhausted, March 5, 2013, and continuing.