Decision

Decision  Mary Wambugu v. Radius Healthcare Center at Milbury, et al

Date: 04/24/2017
Organization: Department of Industrial Accidents
Docket Number: DIA Nos. 029985-07, 003410-14, 003411-10
Location: Boston
  • Employee: Mary Wambugu
  • Employer: Radius Healthcare Center at Milbury, Christopher House, Senior Comfort Service
  • Insurer: Atlantic Charter Ins. Co., AIM Mutual Ins. Co., National Union Fire Ins.

KOZIOL, J. In this multiple insurer case, the first insurer on the risk, Atlantic Charter Insurance Company (Atlantic Charter), and the employee cross-appeal from a decision that found Atlantic Charter responsible to pay for the employee’s medical treatment to her right shoulder as a result of a work-related injury of October 10, 2007. (Dec. 17.) Both Atlantic Charter and the employee argue the judge erred in failing to find AIM Mutual Insurance Company (AIM), the insurer for the employee’s subsequent employer, Christopher House, responsible for paying compensation relating to her right shoulder. AIM disagrees and asserts it is no longer part of this litigation because no appeal to the reviewing board was filed specifically against it. We reverse and recommit the matter for further findings of fact.

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