Decision  Robert Coogan v. Gene Costa and Sons

Date:	12/10/2013
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 035885-10
Location:	Boston

• Employee: Robert Coogan
• Employer: Gene Costa and Sons (1)
• Insurer: Workers’ Compensation Trust Fund (2)

HORAN, J. The employer appeals from a decision awarding the employee §§ 13, 13A, 30 and 34 benefits.³  We affirm.

¹ At hearing the employer denied, inter alia, the existence of an employee-employer relationship with Mr. Coogan. (Ex. 4.) That issue is not before us.

² The employer was uninsured on the employee’s date of injury. We refer to the Workers’ Compensation Trust Fund as the insurer although, pursuant to General Laws c. 152, § 1(7) , it is not so defined. See 452 Code Mass. Regs. § 3.04(1)(“The Fund shall not be deemed to be an insurer except as expressly provided by M.G.L. c. 152 and 452 CMR 3.00.”) The nature and obligations of the Fund are set forth in General Laws c. 152, § 65(2, 4-10, 13).

³ The Workers’ Compensation Trust Fund withdrew its appeal of the judge’s decision on September 10, 2013. We take judicial notice of the board file. Rizzo v. M.B.T.A., 16 Mass. Workers’ Comp. Rep. 160, 161 n.3 (2002).