Decision  Kim Oakes v. Dettinger Lumber Co.

Date: 03/03/2003
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 024064-99
Location: Boston
Referenced Sources: James Carmilia v. General Electric
Paul Walsh v. Bertolini Beef Co.
  • Employee: Kim Oakes
  • Petitioner: Travelers Casualty & Surety Insurance Co.
  • Respondent: Workers’ Compensation Trust Fund

MCCARTHY, J. The Workers’ Compensation Trust Fund and the insurer cross-appeal from a decision in which an administrative judge awarded the insurer § 37 reimbursement for seventy-five percent of all compensation paid subsequent to that paid for the first one hundred and four weeks of disability. We summarily affirm the decision as to the insurer’s sole contention that the judge erred by denying its claim for § 50 interest on the award. See Carmilia v. General Elec., 15 Mass. Workers’ Comp. Rep. 261 (2001). The Trust Fund contends that the decision lacks findings that support its conclusion, and that the applicable 1985 version of § 37 contained an implied statute of limitations that would bar the petition. We summarily affirm the decision as to the absence of a statute of limitations to be applied to the 1985 version of § 37. See Walsh v. Bertolino Beef Co., 16 Mass. Workers’ Comp. Rep. 151 (2002). We disagree with the Trust Fund’s other arguments and affirm the decision.

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