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OAKES'S CASE

451 Mass. 190 (2008)

KIM OAKES'S CASE.

Supreme Judicial Court of Massachusetts, Suffolk.

April 16, 2008.

Attorney(s) appearing for the Case

Robert L. Quinan, Jr., Assistant Attorney General, for Worker's Compensation Trust Fund.

Jerry E. Benezra for the insurer.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, CORDY, & BOTSFORD, JJ.

IRELAND, J.

We granted the application of the Workers' Compensation Trust Fund (Fund) for further appellate review in this case. The Appeals Court affirmed the decision of a single justice who had affirmed a decision of the reviewing board of the Department of Industrial Accidents (board) holding that, where claims are filed by workers' compensation insurers for reimbursement pursuant to G. L. c. 152, § 37, and the worker sustained an injury while the 1985 version...

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