Flynn v. Managed Care, Inc.

Appeal from a decision of the Workers’ Compensation Board, filed November 3, 2010, which ruled that the workers’ compensation carrier is entitled to a refund of $64,540.56 from the aggregate trust fund.

After decedent’s death was determined to be causally related to his employment, the employer’s workers’ compensation carrier was directed to deposit into the aggregate trust fund (hereinafter ATF) $225,231.58, which reflected the present value of the compensation awarded to the beneficiaries. The commutation date was June 28, 2001, however, the carrier withheld payment and instead paid the…