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Decision Stephen P. Visco v. Robert Wyatt Enterprises, Inc.

Date: 05/12/2010
Organization: Department of Industrial Accidents
Docket Number: DIA Board Nos. 039121-06, 035689-06
Location: Boston
  • Employee: Stephen P. Visco
  • Employer: Robert Wyatt Enterprises, Inc.
  • Insurer: AIM Mutual Insurance Company, Workers' Compensation Trust Fund

HORAN, J. This case comes to us on appeal by both the Workers' Compensation Trust Fund (Trust Fund) and the employer, and concerns solely the issue of coverage.1 The judge concluded that AIM Mutual Insurance Company (AIM) properly cancelled the employer's workers' compensation insurance coverage prior to March 31, 2006, the employee's date of injury.2 (Dec. 9.) The appellants challenge the judge's decision on two grounds. For reasons that follow, we affirm the decision in part, and recommit the case for further findings based on the record.

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1  Oral argument was held on September 15, 2009. Thereafter, the parties asked us to defer our decision pending the result of a scheduled December, 2009 mediation. The parties later reported that resolution via mediation wasn't successful. 

2  The employee sustained serious personal injuries when he was attacked and robbed at work. (Dec. 6.)