| Date: | 06/06/2011 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 019162-08 |
| Location: | Boston |
| Referenced Sources: | Clarence S. Rowley, III v. Allston Supply Company, Inc. |
- Employee: Todd J. Chamberland
- Insurer: A.I.M. Mutual Insurance Co.
- Respondent: Workers' Compensation Trust Fund
FABRICANT, J. The Workers' Compensation Trust Fund (Trust Fund) appeals the administrative judge's award of reimbursement for § 30 medical benefits pursuant to G. L. 152, § 37, where the qualifying § 30 benefits were paid after the initial non-entitlement period of 104 weeks post-industrial injury, but more than two years before the filing of the insurer's petition for reimbursement. Based on our recent decision in Rowley v. Allston Supply, Co., Inc., 25 Mass. Workers' Comp. Rep. ____(April 12, 2011), we reverse the decision and vacate the challenged portion of the award.