No. 00052496 (1999). EMPLOYEE: Adelard Fontaine.

• Case Date: March 09, 1999
• Court: Massachusetts

Massachusetts Workers Compensation 1999. No. 00052496 (1999). EMPLOYEE: Adelard Fontaine COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF INDUSTRIAL ACCIDENTS EMPLOYEE: Adelard Fontaine EMPLOYER: Evergreen Construction Co. INSURER: Workers' Compensation Trust Fund INSURER: Eastern Casualty Insurance Co.BOARD NO. 00052496REVIEWING BOARD DECISION (Judges Wilson, McCarthy and Smith)APPEARANCES Warren Tolman, Esq., for the employee Paul R. Ingraham, Esq., for the Worker's Compensation Trust Fund Peter M. Bancroft, Esq., for Eastern Casualty Insurance Co. Tracey E. Palmer, Esq., for the employer WILSON, J. The Workers' Compensation Trust Fund appeals from a decision in which an administrative judge found it liable for the payment of compensation benefits to an employee who was injured while working for an uninsured employer. The Trust Fund contends that the decision is contrary to law. It argues 1) that Eastern Casualty Insurance Co., which was on the risk prior to the injury, failed to properly "terminate" the policy in accordance with the provisions of G.L. c. 152, § 65B, and 2) that Eastern Casualty is estopped from denying coverage because it accepted the employer's premium payment. Because the judge's subsidiary findings of fact sufficiently support his conclusion that Eastern Casualty properly did not renew its policy of insurance with the employer for non-payment of the renewal premium, and adequately notified the employer of such action, we affirm the decision. The employee suffered an industrial injury on February 20, 1996. Upon being informed by the Department of Industrial Accidents that the employer was not insured for workers' compensation claims on the date of injury, the employee instituted a claim against the Trust Fund for payment of compensation benefits. See G.L. c. 152, § 65(2)(e). (Dec. 5.) The Trust Fund agreed to pay benefits without prejudice pursuant to § 15A, but moved to join Eastern Casualty and the employer to the proceedings at the § 10A conference, which motion was allowed by the judge. The judge ordered the Trust Fund to continue paying § 34 temporary and total incapacity benefits. The Trust Fund and employer both appealed to a full evidentiary hearing. (Dec. 2.) At issue at the hearing was whether Eastern Casualty properly did not renew its policy of workers' compensation insurance with the employer prior to the industrial injury. (Dec. 3.) The facts found by the judge that underlie the nonrenewal issue are as follows: The employer's mailing address was P.O. Box 630, Bellingham, MA 02019. (Dec. 5.) In 1994, the LJM Insurance Agency arranged for all of the employer's insurance policies to be put in place. On November 10, 1994, a Notice of Assignment for Workers' Compensation coverage under G.L. c. 152, § 65A, was sent to LJM and to the employer. The coverage was for the period from October 27, 1994 to October 27...