Decision  William Burgess, et. al. v. Marr Scaffolding, et. al.

Date:	08/30/2023
Organization:	Department of Industrial Accidents
Docket Number:	DIA Nos.: 028047-18 , et.al. (1)
Location:	Boston, MA

• Employee: William Burges, et. al.
• Employer: Marr Scaffolding, et. al.
• Petitioner: Massachusetts Insurers Insolvency Fund
• Respondent: Workers’ Compensation Trust Fund

KOZIOL, J.   The Massachusetts Insurers Insolvency Fund, (hereinafter MIIF), appeals from a decision denying and dismissing its claims for reimbursement from the Workers’ Compensation Trust Fund, (hereinafter WCTF), for cost of living adjustments (hereinafter COLA) paid to the named injured employees or their spouses (hereinafter claimants).  We affirm the judge’s decision.

¹ In 2018, The Massachusetts Insurers Insolvency Fund filed eighty-nine third party claims against the Workers’ Compensation Trust Fund, seeking reimbursement of cost of living adjustments paid to 89 named employees or their spouses.  Rizzo v. M.B.T.A., 16 Mass. Workers’ Comp. Rep. 160, 161 n. 3 (2002)(reviewing board may take judicial notice of the board file). For formatting purposes, the additional 88 cases are identified in the Appendix to this decision. Appendix A.