Date: | 05/06/2002 |
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Organization: | Department of Industrial Accidents |
Docket Number: | DIA Board No. 26254-99 |
Location: | Boston |
Referenced Sources: | James Carmilia v. General Electric |
- Employee: Ronnie Lippett
- Petitioner: Travelers Insurance Co.
- Respondent: Workers’ Compensation Trust Fund
LEVINE, J. The Workers’ Compensation Trust Fund ("Trust Fund") appeals from an administrative judge’s award of reimbursement under § 37 for an injury to Ronnie Lippett, a former professional football player, who was hurt in a December 30, 1990 game. Mr. Lippett continued to play football for two more seasons, and then retired. His claim for workers’ compensation benefits, filed after his retirement, was settled in a lump sum agreement executed on October 7, 1993. The Trust Fund argues that the judge erred in numerous ways: that the judge relied on matters not in evidence to reach his conclusions; that Mr. Lippett was exempted from classification as an "employee" by operation of § 1(4)(b) ; that the reimbursement claim was time-barred; and that the award of § 50 interest was contrary to law. We agree with the Trust Fund that, based on our recent decision in Carmilia v. General Elec., 15 Mass. Workers’ Comp. Rep. 261 (2001), it was error to award § 50 interest. We therefore reverse the award of interest, but we affirm the remainder of the decision.