Pillman's Case

In this appeal from a decision of the reviewing board of the Department of Industrial Accidents (board), we consider whether All America Insurance Company (insurer) effectively canceled a voluntary policy of workers’ compensation insurance issued to Dan’s Paving and Excavating, Inc. (Dan’s Paving). At issue is the insurer’s liability for benefits awarded to a Dan’s Paving employee, Kenneth G. Pillman (employee), who suffered an industrial injury subsequent to the attempted cancellation.

On the assumption that no policy was in force, the employee sought and obtained benefits under G. L. c. 152,…