| Date: | 02/05/2002 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 057453-96 |
| Location: | Boston |
- Employee: Monique Taylor
- Employer: Morton Hospital & Medical Center
- Insurer: Managed Comp Insurance Company and Wausau Business Insurance
MAZE-ROTHSTEIN, J. The employee and both insurers in this successive insurer case appeal from a decision that awarded the employee G.L. c.152, § 34, temporary total incapacity benefits; payment of § 30 medical expenses; attorney’s fees; costs; and interest pursuant to § 50. The employee makes two arguments on appeal. First, she contends error in the failure to find that Wausau’s untimely § 50 interest payment required the assessment of a § 8(1) penalty. She also argues error in the judge’s mere reservation of her rights to bring a future claim for depression after having prevailed on her claim that she suffered from work related depression. We agree. Managed Comp, the first insurer on the risk, argues that Wausau, the second on the risk, is legally responsible for medical care causally related to multiple chemical exposure that continued after it came on the risk. Finding aspects of this argument to have merit as well, we reverse the decision.