McCAFFERTY'S CASE


424 Mass. 325 (1997)

JOHN P. MCCAFFERTY'S CASE.

Supreme Judicial Court of Massachusetts, Suffolk.

February 28, 1997.


Attorney(s) appearing for the Case

W. Frederick Uehlein for the insurer.

Paul R. Ingraham for the Department of Industrial Accidents.

James D. Chadwell, amicus curiae, submitted a brief.

Present: WILKINS, C.J., LYNCH, O'CONNOR, FRIED, & MARSHALL, JJ.


WILKINS, C.J.

Pursuant to G. L. c. 152, § 37, a trust fund (created by G. L. c. 152, § 65) provides payment in certain circumstances to a workers' compensation insurer that has paid compensation to an injured worker who had a known physical impairment that was due to some previous accident, disease, or congenital condition. In 1988, at the time of the injury in this case, § 37 provided that the trust fund reimburse "an amount equal to [75%] of all compensation...

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