Decision

Decision  Patricia Keaney v. New England Deaconess Hospital

Date: 12/05/2018
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 071727-69
Location: Boston
  • Employee: Patricia Keaney
  • Petitioner: Commercial Union Ins.
  • Respondent: Workers’ Compensation Trust Fund

KOZIOL, J. This case concerns cross-appeals by the insurer and the Workers’ Compensation Trust Fund (WCTF) from a decision denying the insurer’s claim for full reimbursement of cost of living adjustments (COLA) paid to the employee, and ordering the WCTF to pay the insurer partial reimbursement of those payments "pursuant to § 35C using the post-1986 reimbursement factor." (Dec. III, 9.)1 We reverse the judge’s decision.

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1 Three separate adjudicators have issued hearing decisions regarding this board file. The first two decisions concerned the employee’s underlying claims. Both of those decisions have been raised by the WCTF as supplying the grounds for its denial of the insurer’s request for full reimbursement of COLA paid to the employee. Prior to the 1985 Reform Act’s reorganization of what was then known as the Division of Industrial Accidents, St. 1985, c. 572, § 3, hearings were conducted by "single members" of the industrial accident board. The first decision, issued by single member, Joseph J. Pulgini, on January 20, 1978, is hereinafter referred to as "Dec. I." The second decision, issued on September 11, 1990, by Judge Richard S. Tirrell, is hereinafter referred to as "Dec. II." The third decision concerned the insurer’s COLA reimbursement request. That June 9, 2017, decision, issued by Judge Dianne L. Solomon, is the decision on appeal in this case and hereinafter it is referred to as "Dec. III."

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