E.I. DUPONT DE NEMOURS & CO. v. COMMONWEALTH

No. 05-P-295.

65 Mass. App. Ct. 350 (2005)

E.I. DUPONT DE NEMOURS & CO. v. COMMONWEALTH.

Appeals Court of Massachusetts, Suffolk.

December 23, 2005.


Attorney(s) appearing for the Case

Michael P. Mahany for the employer.

Pedro Benitez-Perales for the Department of Industrial Accidents.

Present: Perretta, Cypher, & Kantrowitz, JJ.


CYPHER, J.

We are required to determine in this case whether an employer who notifies the Department of Industrial Accidents (department) that it no longer will participate in the Workers' Compensation Trust Fund (trust fund) may be reimbursed under G. L. c. 152, § 37, for certain benefits it paid to an employee who sustained a second work-related injury after the date the employer filed its notice of nonparticipation.

Background. On April 6, 1993...

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