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News  Mass. SJC solicits amicus briefs in two pending cases involving the WCTF

1/09/2025
  • 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

  • Department of Industrial Accidents 

    The Department of Industrial Accident (DIA) oversees the Massachusetts workers’ compensation system. We work to ensure that those involved have the resources needed to participate by assisting injured workers, employers, insurers, attorneys, and health care providers in following the Massachusetts workers’ compensation laws and regulations.
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