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MORALES'S CASE

No. 06-P-1154.

69 Mass. App. Ct. 424 (2007)

THERESA MORALES'S CASE.

Appeals Court of Massachusetts, Suffolk.

June 25, 2007.

Attorney(s) appearing for the Case

Kenneth W. Salinger, Assistant Attorney General, for Workers' Compensation Trust Fund.

Jerry E. Benezra (W. F. Uehlein with him) for the insurer.

Present: LENK, MILLS, & GRAINGER, JJ.

GRAINGER, J.

The Workers' Compensation Trust Fund (fund)1 appeals a decision of the Department of Industrial Accidents reviewing board (board) awarding interest to the CNA Insurance Company (CNA) on a so-called second injury reimbursement. Disputed by the parties are concepts of sovereign immunity, the deference to which the board's decision is entitled and, not least, the meaning of, and relationship between, the basic terms "payment...

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