- Department of Industrial Accidents
BOSTON, MA — The Department of Industrial Accidents (DIA) announces that the Massachusetts Supreme Judicial Court is soliciting amicus briefs in two pending cases involving the Workers’ Compensation Trust Fund.
ARROWOOD INDEMNITY COMPANY
vs.
WORKERS' COMPENSATION TRUST FUND
Massachusetts Supreme Judicial Court Docket # SJC-13696
ANNOUNCEMENT: The Justices of the Massachusetts Supreme Judicial Court are soliciting amicus briefs to assist in determining whether under G. L. c. 152, s.s. 37 and 65, an insolvent insurer in "run-off," i.e., administering its workers' compensation policies but no longer issuing new policies and no longer paying assessments into the Workers' Compensation Trust Fund (WCTF), is entitled to reimbursement from WCTF for second-injury benefit payments made on the insolvent insurer's policies. The case will be paired with No. SJC-13686, Massachusetts Insurers Insolvency Fund vs. Workers' Compensation Trust Fund, for oral argument. The Deadline for filing with the Court is February 6, 2025.
The link to look-up the Case by docket number (#SJC-13696) is: https://www.ma-appellatecourts.org/docket
MASSACHUSETTS INSURERS INSOLVENCY FUND
vs.
WORKERS' COMPENSATION TRUST FUND
Massachusetts Supreme Judicial Court Docket # SJC-13686
ANNOUNCEMENT: The Justices of the Massachusetts Supreme Judicial Court are soliciting amicus briefs. (1) Whether under G. L. c. 152, s.s. 34B and 65, an insolvent insurer in "run-off," i.e., administering its workers' compensation policies but no longer issuing new policies and no longer paying assessments into the Workers' Compensation Trust Fund (WCTF), is entitled to reimbursement from WCTF for cost-of-living adjustment (COLA) payments made on the insolvent insurer's policies; and (2) if so, whether under G. L. c. 175D, s. 5 (1), the Massachusetts Insurers Insolvency Fund is permitted to step into the shoes of such an insolvent insurer for the purposes of obtaining those reimbursements. The case will be paired with No. SJC-13696, Arrowood Indemnity Company Massachusetts vs. Workers' Compensation Trust Fund, for oral argument. The Deadline for filing with the Court is February 6, 2025.
The link to look-up the Case by docket number (#SJC-13686) is: https://www.ma-appellatecourts.org/docket