Decision  Thomas Dearmon v. Save That Stuff, Inc.

Date:	12/14/1999
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 021276-96
Location:	Boston

• Employee: Thomas Dearmon
• Employer: Save That Stuff, Inc.
• Insurer: Travelers Insurance Co., Workers’ Compensation Trust Fund

CARROLL, J. Travelers Insurance Co. (Travelers) appeals from a decision in which an administrative judge concluded that it was liable for the employee’s stipulated June 5, 1996 industrial accident. (Dec. 4, 19.) Travelers contends that its assigned risk policy with the employer had expired as of June 1, 1996, and that it was no longer on the risk at the time of the accident. The judge found that the insurer was still obligated to provide coverage for the accident, because it had not notified the employer and the Workers’ Compensation Rating and Inspection Bureau ("Rating Bureau") of its non-renewal of the policy in a manner that complied with the Rating Bureau’s Procedural Manual and the provisions of G.L. c. 152, §63.² Because we do not adopt the judge’s rationale in reaching this result, we do not report his reasoning in this opinion. Nevertheless, we affirm the decision because we believe it reaches the correct result for the reasons that follow.

¹ Judge Levine recused himself from participation in deciding this appeal.

² G.L. c. 152, §63, provides, in pertinent part:

[I]nsurance [under this chapter] shall not be cancelled or shall not be otherwise terminated until ten days after written notice of such cancellation or termination is given to the rating organization or until a notice has been received by said organization that the employer has secured insurance from another insurance company or has otherwise insured the payment of compensation provided for by this chapter.