Don’t Run Away From Run-Offs!
An important decision was recently issued by the Massachusetts Appeals Court that expands Second Injury Fund and COLA reimbursements to insurers that are no longer actively paying assessments into the Workers’ Compensation Trust Fund as long as they had paid assessments on the policy upon which reimbursements are being requested. Importantly, this now allows reimbursements to insurers in “run-off” situations, or where an employer has switched insurers after an injury. Historically, the WTCF prevented these situations from reimbursement since the recipient of any reimbursement payment was not actively contributing to the Fund. This decision corrects this prior ban by stating as long as assessments were paid on the policy upon which reimbursable payments have been made then recovery is available if all of the other elements can be satisfied.
This decision forces the Workers’ Compensation Trust Fund to make available additional reimbursement to insurers and we are happy the Appeals Court came to this decision.
TKCK has one of the best Second Injury Fund practices in Massachusetts and will be happy to review cases and provide analysis and recommendations on potential claims at no charge.
If you have any questions about this decision, Second Injury Fund reimbursement claims, or COLA reimbursement claims then please do not hesitate to contact Attorney Ryan L. Schaiberger ([email protected]) or Attorney John J. Canniff ([email protected]) and they will be happy to assist you.