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SHELBY MUTUAL INSURANCE CO. v. COMMONWEALTH

420 Mass. 251 (1995)

SHELBY MUTUAL INSURANCE COMPANY vs. COMMONWEALTH (and three companion cases).

Supreme Judicial Court of Massachusetts, Suffolk.

May 8, 1995.

Attorney(s) appearing for the Case

W. Frederick Uehlein & Leonard Y. Nason for Merchants' Insurance Company & others.

James A. Sweeney, Assistant Attorney General (Stephen M. Linsky, Special Assistant Attorney General, with him) for the Commonwealth.

Donald H. Jackson, Jr., for Shelby Mutual Insurance Company, was present but did not argue.

Present: LIACOS, C.J., ABRAMS, NOLAN, O'CONNOR, & GREANEY, JJ.

O'CONNOR, J.

Shelby Mutual Insurance Company, Merchants Insurance Company, Central Mutual Insurance Company, and Nationwide Mutual Insurance Co. paid workers' compensation claims to employees whose disabilities were caused by compensable injuries in combination with previous injuries. The insurers claim a right to be partially reimbursed out of the Workers' Compensation Trust Fund (Trust Fund) established by St. 1985, c. 572, § 55, effective December 10, 1985...

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