Fleming v. National Union Fire Insurance

The plaintiffs, three workers on the Central Artery/ Harbor Tunnel construction project (Big Dig), were injured during the course of their employment and were paid benefits under the Workers’ Compensation Act (Act), G. L. c. 152, by their workers’ compensation insurer, National Union Fire Insurance Company, and its claims processing company, AIG Claim Services, Inc. (collectively, the defendants). On January 9, 2004, *382the plaintiffs brought an action against the defendants for monetary and injunctive relief, alleging that for purposes of determining an injured employee’s level of workers’…