FIREMAN'S FUND INS. CO. v. COMMONWEALTH


18 Mass. App. Ct. 129 (1984)

463 N.E.2d 582

FIREMAN'S FUND INSURANCE COMPANY & another vs. COMMONWEALTH.

Appeals Court of Massachusetts, Suffolk.

May 15, 1984.


Attorney(s) appearing for the Case

Alan S. Pierce for the insurer.

Richard E. Daly, Special Assistant Attorney General, for the Commonwealth.

Present: BROWN, DREBEN, & WARNER, JJ.


DREBEN, J.

A judge of the Superior Court affirmed the action of the reviewing board (board) adopting the findings and decision of a single member which denied the appellant, Fireman's Fund Insurance Company, reimbursement from the Commonwealth's "Second Injury Fund" (G.L.c. 152, §§ 37 and 65). We affirm the judgment because the board, on the evidence presented, was warranted in finding that the employee's obesity was not "a known physical impairment which...

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