Phillips's Case

In this workers’ compensation case, Arrow Mutual Liability Insurance Company (Arrow)1 appeals, pursuant to G. L. c. 30A, § 14, and G. L. c. 152, § 12(2), from a decision of the reviewing board (board) of the Department of Industrial Accidents (department) affirming an award of total and partial disability compensation to Morris S. Phillips. Phillips cross-appeals. Arrow contends on appeal that the board erred by refusing to consider Arrow’s defenses under *613G. L. c. 152, § 35E, which bars workers’ compensation for retirees in some situations, and under § 41, the statute of limitations. Arrow…