Legal Opinion

Lumbermens Mutual Casualty Co. v. Workers' Compensation Trust Fund

Massachusetts Appeals Court

Decided September 3, 2015No. AC 13-P-1982PublishedCited by 2 opinions

1Opinion of the CourtGrainger, J.

Lumbermens Mutual Casualty Company in liquidation (Lumbermens) appeals from the Superior Court judgment dismissing its claim against the Workers’ Compensation Trust Fund (trust fund). Lumbermens sought partial reimbursement from the fund for workers’ compensation payments made pursuant to G. L. c. 152, §§ 37 and 65. A Superior Court judge dismissed the claim under the doctrine of primary jurisdiction. We affirm.

Background. We summarize the undisputed facts. Lumber-mens, an Illinois corporation, was licensed to issue workers’ compensation insurance policies in Massachusetts. Payments under…

2Cases cited13 opinions

  1. Nader v. Allegheny Airlines, Inc.Supreme Court of the United States · 1976
  2. Lockhart v. Attorney GeneralMassachusetts Supreme Judicial Court · 1984
  3. Wolf v. Commissioner of Public WelfareMassachusetts Supreme Judicial Court · 1975
  4. Assuncao's CaseMassachusetts Supreme Judicial Court · 1977
  5. Commerce Insurance v. Commissioner of InsuranceMassachusetts Supreme Judicial Court · 2006

8 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. The Home Insurance Co. v. Workers' Compensation Trust FundMassachusetts Appeals Court · 2015
  2. Merchants Insurance Group v. SpicerMassachusetts Appeals Court · 2015

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