American Mutual Liability Insurance v. Commonwealth

The question presented is whether the plaintiff, American Mutual Liability Insurance Company (American Mutual), the workmen’s compensation insurer, is entitled to reimbursement from the Commonwealth’s Second Injury Fund (G. L. c. 152, § 37,1 as appearing in *399St. 1973, c. 855, § 2), where the insurer’s claim is based on an injury which occurred prior to the effective date of the amendment. We hold that reimbursement is proper due to the operation of G. L. c. 152, § 2A.2

*400We briefly summarize the evidence presented to the Industrial Accident Board (board). 3 Amos McLeod, the insured worker in this…