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Decision Kenneth Linton v. G.P.C. International/Chartpak, Inc.

Date: 11/07/2016
Organization: Department of Industrial Accidents
Docket Number: DIA Board Nos. 035380-10, 037043-12
Location: Boston
  • Employee: Kenneth Linton
  • Employer: G.P.C. International/Chartpak, Inc.
  • Insurer: Ins. Co. of the State of Pennsylvania and Federal Insurance Co.

KOZIOL, J. Federal Insurance Company (Federal), the second insurer in this two-insurer case, appeals from a decision ordering it to pay the employee §§ 13 and 30 medical benefits for a repetitive injury to his right shoulder. (Dec. 5.) Federal argues the judge erred by transforming the employee’s claim, without notice, from one alleging an injury caused by a single event in 2012, into a claim of repetitive and ongoing aggravation of the employee’s underlying shoulder condition. Federal also argues the judge erred by finding it liable for the employee’s injury under the successive insurer rule. See Trombetta’s Case, 1 Mass. App. Ct. 102, 104 (1973)(Successive insurer rule provides "that where there is a series of compensable injuries, the insurer covering the risk at the time of the most recent injury bearing a causal relation to the disability must pay the entire compensation"). We affirm the judge’s decision.

Downloads for DIA Board Nos. 035380-10, 037043-12 Kenneth Linton v. G.P.C. International/Chartpak, Inc.

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