Decision Kathryn Markos-Waiswilos v. Salem Hospital

Date: 08/09/2005
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 000154-03
Location: Boston
  • Employee: Kathryn Markos-Waiswilos
  • Employer: Salem Hospital
  • Self Insurer: Salem Hospital

McCARTHY, J. The self-insurer appeals from an administrative judge's decision denying its petition for reimbursement from the Workers' Compensation Trust Fund (Trust Fund), pursuant to G. L. c. 152, § 37, for certain benefits it paid to the employee. The self-insurer argues that its entitlement to reimbursement under § 37 vested on the date of injury, August 17, 1991, which was four months prior to the December 23, 1991 effective date of the amendment to § 65(2) allowing self-insurers to "opt-out" of the Trust Fund assessment/reimbursement system, and ten months before the self-insurer elected to opt out on July 1, 1992. It maintains that the opt-out provision should apply prospectively, only to dates of injury after its election to opt out of participation in the Trust Fund. For the reasons enunciated in Richards v. Dupont de Nemours & Co., Inc., 16 Mass. Workers' Comp. Rep. 83 (2002), aff'd Mass. App. Ct., No. 02-J-165 (January 28, 2005)(single justice), we affirm the administrative judge's decision.

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