Shelby Mutual Insurance v. Commonwealth

These two appeals involve so-called “second injury claims” by four workers’ compensation insurance companies. Each of the insurers, as required by law, paid the entire compensation claim for an employee’s disability which was caused by a compensable injury in combination with a previous injury. The insurers claim the right to reimbursement of a portion of their payments from the Workers’ Compensation Trust Fund (Trust Fund) or from the Commonwealth’s general fund. Shelby Mutual Insurance Co. (Shelby) filed a breach of contract claim against the Commonwealth in the Superior Court, and summary…