Workers’ compensation – Reimbursement – ‘Run-off’

Workers’ compensation – Reimbursement – ‘Run-off’

Where the Department of Industrial Accidents denied a plaintiff insurer second-injury reimbursement, the DIA’s decision must be reversed because insurers in “run-off” are not precluded by statute from receiving second-injury reimbursements when such insurers have paid out the associated workers' compensation benefits to an injured employee.

Mass. ‘Run-Off’ Insurers May Collect 2nd Injury Reimbursements

Case File An insurer in "run-off" sought to collect second-injury trust fund reimbursements for payments it made to an injured worker, but the trust fund contended that the insurer was a nonparticipant and so could no longer collect from the fund. Massachusetts top court rejected the argument, finding that the statute didn't include run-off insurers with self-insurers, self-insurance groups, and municipalities as ineligible to receive reimbursem…