Decision  Jose Almonte v. D & A Trucking LLC and Blue Triton Brands, Inc.

Date:	01/30/2026
Organization:	Department of Industrial Accidents
Docket Number:	DIA Numbers: 009500-23, 013305-23
Location:	Boston, MA

• Employee: Jose Almonte
• Employer: D & A Trucking LLC, Blue Triton Brands, Inc.
• Insurer: Workers' Compensation Trust Fund, Starr Indemnity & Liability. Inc. Co.

KOZIOL, J.   Starr Indemnity & Liability Inc. Co. (Starr) and the employer, D&A Trucking, LLC. (D & A), appeal from the administrative judge’s decision ordering Starr to pay benefits, pursuant to § 18³, to the employee, who was injured while working for D & A, an uninsured sub-contractor of Starr’s insured, Blue Triton Brands, Inc. Both Starr and D & A raise multiple common issues on appeal and with respect to all those issues, we summarily affirm the judge’s decision. We address the remaining issue raised on appeal, solely by Starr; specifically, its allegation that the judge erred in failing to “credit § 15” ⁴ which it alleges “amounts to an improper double recovery.” (Ins. br., 27-31.) We find the judge did not err as the issue was not raised below. 

¹ The judge allowed joinder of the employer as a party to this case, “[t]he alleged employer was represented by counsel at all times during the litigation of these cases.”  (15 Bean 181).

² The Workers’ Compensation Trust Fund did not file an appellate brief in this matter.

³ General Laws, Chapter 152, § 18, provides, in relevant 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. 

⁴ General Laws, Chapter 152, § 15, provides, in pertinent part:

Where the injury for which compensation is payable was caused under circumstances creating a legal liability in some person other than the insured to pay damages in respect thereof, the employee shall be entitled, without election, to the compensation and other benefits provided under this chapter. . . . The sum recovered shall be for the benefit of the insurer, unless such sum is greater than that paid by it to the employee, in which event the excess shall be retained by or paid to the employee. For purposes of this section, “excess” shall mean the amount by which the gross sum received in payment of the injury exceeds the compensation paid under this chapter. . . . Except in the case of settlement by agreement by the parties to, and during a trial of, such an action at law, no settlement by agreement shall be made with such other person without the approval of either the board, the reviewing board, or the court in which the action has been commenced after a hearing in which both the employee and the insurer have had an opportunity to be heard. At such hearing the court shall inquire and make a finding as to the taking of evidence on the merits of the settlement, on the fair allocation of amounts payable to the employee and the employee’s spouse, children, parents and any other member of the employee’s family or next of kin who have claims arising from the injury for which are payable, under this chapter in which the action has been commenced after an opportunity has been afforded both the insurer and the employee to be heard on the merits of the settlement and on the amount, if any, to which the insurer is entitled out of such settlement by way of reimbursement, and on the amount of excess that shall be subject to offset against any future payment of benefits under this chapter by the insurer, which amount shall be determined at the time of such approval. In determining the amount of “excess” that shall be subject to offset against any future compensation payment the board, the reviewing board or the court shall consider the fair allocation of amounts payable to and amongst family members who may have claims arising from the injury for which said compensation is payable.