Kelly's Case

Arbella Indemnity Insurance, Inc. (insurer), appeals from a decision of the reviewing board of the Department of Industrial Accidents (board). The insurer claims that the board erred in affirming the administrative judge’s ruling that it was not entitled to reimbursement from the Worker’s Compensation Trust Fund (fund) pursuant to G. L. c. 152, § 37. We affirm the board’s decision.

While working at Walsh Hannon & Gladwin Specialists, Inc., the employee, Keiran Kelly, suffered an injury to his back, resulting in significant disability. Consequently, the employee filed compensation claims…