Markos-Waiswilos v. Salem Hospital

This appeal, following in the footsteps of E.I. Dupont de Nemours & Co. v. Commonwealth, 65 Mass. App. Ct. 350 (2005) (Dupont), concerns a petition by Salem Hospital, a self-insurer,3 for reimbursement of certain benefits paid to an employee under G. L. c. 152, § 37. Section 37 generally requires an insurer or a self-insurer to pay workers’ compensation benefits to a previously impaired employee who suffers a subsequent work-related injury — a so-called “second injury” — if the second injury “results in a disability that is substantially greater by reason of the combined effects of such…