No. 02127696 (1999). EMPLOYEE: Thomas Dearmon.

• Case Date: December 14, 1999
• Court: Massachusetts

Massachusetts Workers Compensation 1999. No. 02127696 (1999). EMPLOYEE: Thomas Dearmon COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF INDUSTRIAL ACCIDENTS EMPLOYEE: Thomas Dearmon EMPLOYER: Save That Stuff, Inc. INSURER: Travelers Insurance Co. INSURER: Workers' Compensation Trust FundBOARD NO. 02127696REVIEWING BOARD DECISION (Judges Carroll, Maze-Rothstein and Levine 1)APPEARANCES Steven H. Kantrovitz, Esq., for the employee Gail E. Quinn Esq., for the insurer Joseph Labadini, Esq., for the Workers' Compensation Trust Fund at hearing Vincent F. Massey, Esq., for the Workers' Compensation Trust Fund on appeal CARROLL, J. Travelers Insurance Co. (Travelers) appeals from a decision in which an administrative judge concluded that it was liable for the employee's stipulated June 5, 1996 industrial accident. (Dec. 4, 19.) Travelers contends that its assigned risk policy with the employer had expired as of June 1, 1996, and that it was no longer on the risk at the time of the accident. The judge found that the insurer was still obligated to provide coverage for the accident, because it had not notified the employer and the Workers' Compensation Rating and Inspection Bureau ("Rating Bureau") of its non-renewal of the policy in a manner that complied with the Rating Bureau's Procedural Manual and the provisions of G.L. c. 152, § 63. 2 Because we do not adopt the judge's rationale in reaching this result, we do not report his reasoning in this opinion. Never-theless, we affirm the decision because we believe it reaches the correct result for the reasons that follow. The insurer does not dispute that it insured the employer under an assigned risk policy, pursuant to § 65A, from June 1, 1995 until June 1, 1996, days before the industrial accident. (Dec. 4, 12.) The employer had fully paid for the policy. (Dec. 12.) Sometime before the expiration of the policy, the insurer sent the employer a "Workers' Compensation Insurance Plan Letter," which included a premium quotation for the succeeding year. The premium quotation was dated April 12, 1996. (Dec. 13-14; Ins. Ex. 1.) The Insurance Plan Letter stated that payment must be received by the due date of May 31, 1996. The Letter continued: "If payment is not received by the due date, either the policy will be issued with a lapse in coverage or your premium check will be returned and no policy will be issued." (Ins. Ex. 1.) It is undisputed that the insurer sent the employer no further notice regarding the policy prior to its...