| Date: | 05/10/2002 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 000980-00 |
| Location: | Boston |
| Referenced Sources: | James Carmilia v. General Electric |
- Employee: Mary Nelson
- Petitioner: Travelers Casualty & Surety
- Respondent: Workers' Compensation Trust Fund
MCCARTHY, J. The Workers’ Compensation Trust Fund ("Trust Fund") and the insurer cross-appeal from a decision in which an administrative judge concluded that the insurer’s petition for § 37 second injury reimbursement, filed almost nine years after the April 8, 1991 date of injury, was not governed by a statute of limitations or the doctrine of laches. The judge therefore awarded the insurer the § 37 reimbursement sought, but denied the insurer’s claim for § 50 interest on that award. We summarily affirm the decision as to the insurer’s assertion of error in the denial of § 50 interest, based on our recent decision in Carmilia v. General Elec., 14 Mass. Workers’ Comp. Rep. 261 (2001). For the reasons that follow, we also affirm the decision as to the Trust Fund’s arguments on appeal, that the insurer’s § 37 petition should have been time-barred.