| Date: | 04/09/2001 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board Nos. 052495-95, 054608-95, 055875-95, 055876-95, 052235-95 |
| Location: | Boston |
- Employee: Walter Dembitzski
- Employer: Business Interiors, Metro Floors, Sienna Constructions, Pyramid Carpet Installation
- Insurer: Travelers Ins. Co., Aetna Casualty and Surety Co., New Hampshire Ins. Co.,Workers Compensation Trust Fund
MAZE-ROTHSTEIN, J. This multiple insurer case returns to the reviewing board a second time, after we recommitted it to the administrative judge for additional findings on the issue of proper cancellation of the employer’s, (Metro Flooring), workers’ compensation policy with Aetna. Dembitzski v. Metro Flooring, Inc., 13 Mass. Workers’ Comp. Rep. 348 (1999). In his Amended Decision After Remand, ("Dec. II"), the judge found that Aetna properly cancelled the employer’s policy for non-payment, in full compliance with the various applicable statutory provisions, G.L. c. 152, §§ 63 and 65B, and G.L. c. 175, § 187C. (Dec. II 17, 25.) The judge again concluded that Travelers, the insurer for Business Interiors, another subcontractor, was liable under G.L. c. 152, §18. (Dec. II 25.) Dembitzski, supra at 351. Travelers appeals, and for the reasons that follow, we now reverse the decision and order that Aetna pay the compensation ordered in the decision.