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Decision

Decision Robert Janocha v. Malden Mill Industries, Inc.

Date: 06/21/2016
Organization: Department of Industrial Accidents
Docket Number: DIA Board Nos. 020363-05, 006209-13, 006188-13, 028932-13
Location: Boston
  • Employee: Robert Janocha
  • Employer: Malden Mill Industries, Inc.
  • Insurer: Malden Mill Industries, Inc. (Self Insurer), Safeco Insurance Company 1 (Bond Holder), ACE American Insurance Company (Excess Insurance Carrier), Worker’s Compensation Trust Fund (Statutory Uninsured Payor)

HARPIN, J. The Workers’ Compensation Trust Fund (WCTF) and Safeco Insurance Company (Safeco) cross-appeal from a decision awarding § 34A benefits to the employee. The judge ordered the WCTF to pay weekly benefits to the employee from the date that the Safeco bond was exhausted, until $400,000.00 was paid in medical and indemnity benefits, at which time Ace American Insurance Company (ACE), as the excess carrier, would take over payments. The judge also ordered that Safeco return to the bond such funds as it received from a third party settlement, and reimburse the WCTF for moneys it had paid out as a result of a conference order, and pay the weekly benefits until such time as the bond became exhausted. We reverse so much of the decision that orders the WCTF to pay any benefits, and order that ACE pay benefits to and on behalf of the employee from the date of the exhaustion of the bond.

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1 Safeco was subsequently acquired by Liberty Mutual Insurance Company. For purposes of clarity we will refer to the bondholder as Safeco.

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