| Date: | 03/05/2002 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 05183-99 |
| Location: | Boston |
- Employee: Robert Richards
- Employer: E. I. Dupont De Nemours & Co.
- Insurer: Workers’ Compensation Trust Fund
CARROLL, J. The self-insurer appeals from a decision in which an administrative judge denied its petition for second injury reimbursement under § 37, in part because the self-insurer had elected to end its participation in the § 65(2) reimbursement system ("opt out"). The self-insurer argues that it should be allowed to pursue § 37 reimbursement for amounts paid for the subject 1993 date of injury, as that injury pre-dated the effective date of the self-insurer’s opt out election. For the reasons that follow, we disagree and affirm the decision.