Decision  William Pilon, Jr. v. R.S. Guerette Corp., Specialty Contracting Services, Inc.

Date:	04/20/2006
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board Nos. 080626-00, 033403-03, 056095-00
Location:	Boston

• Employee: William Pilon, Jr.
• Employer: R.S. Guerette Corp., Specialty Contracting Services, Inc.
• Insurer: Mass. Insurers Insolvency Fund (1), Workers' Compensation Trust Fund, AIM Mutual Insurance Company

McCARTHY, J. The Massachusetts Insurers Insolvency Fund ("the Fund") appeals from a decision in which an administrative judge ordered it to pay the employee's claim for workers' compensation benefits stemming from a June 3, 1998 carpal tunnel injury to his right arm. The Fund stood in the shoes of the insolvent Credit General Insurance Company. See G. L. c. 175D, § 1, et seq. Following a § 10A conference, the judge ordered AIM to pay two closed periods of weekly benefits based on a 2000 date of injury. Cross appeals brought the case to a § 11 hearing. The hearing decision then fixed liability for those payments onto the Fund. The Fund argues that the judge erred by ordering it to reimburse a successive insurer, AIM Mutual Insurance Company ("AIM"). We conclude that the present case stands outside of the general rule that G. L. c. 175D does not authorize the Fund to make payments to an insurance company. Therefore, we affirm the decision. ²

¹ For Credit General Insurance Company.

² We summarily affirm the decision with respect to the Insolvency Fund's argument that AIM, the successive insurer, was liable for the payment of benefits to the employee. We therefore exclude the extensive medical component of the decision on appeal from our discussion.