Decision  Julio Martinez v. Northbound Train, Inc.

Date:	12/08/2004
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board Nos. 050358-01, 050561-01
Location:	Boston

• Employee: Julio Martinez
• Employer: Northbound Train, Inc.
• Insurer: Workers’ Compensation Trust Fund and Eastern Casualty Insurance Company

COSTIGAN, J. The Workers’ Compensation Trust Fund (Trust Fund) appeals from a decision holding it liable, under G. L. c. 152, § 65(2),² for an industrial accident which occurred after Eastern Casualty (the insurer) claims it cancelled the employer’s policy of workers’ compensation insurance. The Trust Fund maintains that the insurer failed to meet the statutory requirements for cancelling the policy because the employer did not actually receive notice, and because the notice mailed was not clear and unambiguous. Therefore, the Trust Fund contends, the insurer remained on the risk. We disagree, and affirm the judge’s decision that the insurer properly cancelled its policy of workers’ compensation insurance with the employer prior to the date of injury.  

1 Judge Levine no longer serves on the reviewing board.

2 Section 65(2), as most recently amended by St. 1998, c. 161, §§ 541 and 542, provides in pertinent part:

There is hereby established a trust fund in the state treasury, known as the Workers’ Compensation Trust Fund, the proceeds of which shall be used to pay or reimburse the following compensation: . . . (e) payment of benefits resulting from approved claims against employers subject to the personal jurisdiction of the commonwealth who are uninsured in violation of this chapter . . . .