Bolduc’s Case (Lawyers Weekly No. 11-143-13)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us 12‑P‑1764 Appeals Court GARY BOLDUC’S CASE. No. 12‑P‑1764. Suffolk. September 17, 2013. ‑ December 4, 2013. Present: Hanlon, Brown, & Sullivan, JJ. Workers’ Compensation Act, Previous work‑related injury, Subsequent injury, What insurer liable. Appeal from a decision of the Industrial Accident Reviewing Board. John J. Canniff for Travelers Insurance Co. Margo A. Sutton for Liberty Mutual Insurance Co. SULLIVAN, J. This is a dispute between two workers’ compensation insurers as to which of them is liable for payment of compensation benefits to an employee whose entitlement to benefits is no longer in question. Travelers Insurance Co. (Travelers) appeals from the decision of the board of review of the Department of Industrial Accidents (board), holding Travelers liable for compensation payments. Travelers contends that the board’s decision is contrary to law and exceeded the board’s authority. See G. L. c. 30A, § 14; G. L. c. 152, § 12(2). We affirm. Background. Gary Bolduc suffered a back injury in November of 2002 which resulted in a prolonged absence from work and a claim for compensation. The employer’s workers’ compensation insurer at that time, Liberty Mutual Insurance Co. (Liberty Mutual), paid the claim. Bolduc returned to work for the same employer. On or about May 27, 2008, Bolduc injured his back at work once again. He stopped working on June 5, 2008. Travelers was the insurer on the risk at the time of the 2008 injury. The employer notified Liberty Mutual of the May 27, 2008, injury, but did not notify Travelers at that time. Treating the claim as a recurrence of the 2002 injury, Liberty Mutual resumed payment of benefits retroactive to June 6, 2008, and continued to pay benefits through the filing and resolution of Bolduc’s claim for an increased average weekly compensation rate. See G. L. c. 152, §§ 34, 35B. On October 17, 2008, the employee filed another claim for the same injury against Liberty Mutual seeking surgical benefits, as well as an initial claim against Travelers for medical and weekly payments. After a conference held on December 23, 2008, an administrative judge ordered Liberty Mutual to continue paying benefits, and denied the claim as to Travelers. Liberty Mutual appealed, and the administrative judge set the matter for a de novo hearing among all three parties. After the hearing, the administrative […]