| Date: | 04/18/2002 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 24090-99 |
| Location: | Boston |
| Referenced Sources: | James Carmilia v. General Electric |
- Employee: Paul Walsh
- Employer: Bertolini Beef Co.
- Insurer: CNA Insurance Co. and 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 was not barred by a statute of limitations or the doctrine of laches. The judge also denied the insurer’s request for § 50 interest on the award. This petition was governed by the 1985 version of § 37, as the date of injury in this case was September 4, 1987. As that version contained no statute of limitations, the judge awarded the insurer the second injury reimbursements requested. We agree with the judge’s conclusion that the insurer’s petitions were not time-barred, and therefore affirm the decision for the reasons that follow. 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., 15 Mass. Workers’ Comp. Rep. 261 (2001).