Fireman's Fund Insurance v. Commonwealth

A judge of the Superior Court affirmed the action of the reviewing board (board) adopting the findings and decision of a single member which denied the appellant, Fireman’s Fund Insurance Company, reimbursement from the Commonwealth’s “Second Injury Fund” (G. L. c. 152, §§ 37 and 65). We affirm the judgment because the board, on the evidence presented, was warranted in finding that the employee’s obesity was not “a known physical impairment which is due to any . . . disease or any congenital condition.” G. L. c. 152, § 37, as appearing in St. 1973, c. 855, § 2.

We summarize the evidence before…