E.I. Dupont de Nemours & Co. v. Commonwealth

We are required to determine in this case whether an employer who notifies the Department of Industrial Accidents (department) that it no longer will participate in the Workers’ Compensation Trust Fund (trust fund) may be reimbursed under G. L. c. 152, § 37, for certain benefits it paid to an employee who sustained a second work-related injury after the date the employer filed its notice of nonparticipation.

Background. On April 6, 1993, E.I. Dupont de Nemours & Co. (employer), a self-insurer,1 notified the department, in accordance with G. L. c. 152, § 65(2), that it was electing not to *351contin…