For insurers with potential MA Second Injury Fund claims with dates of injury between 12/10/85 through 12/23/91, the door is still open for successful recoveries. This past spring, the Massachusetts State Supreme Judicial Court in both the Oakes v. Travelers and Alves v. GM claims established that there is no statute of limitations for claims by insurers pursuant to M.G.L. ch. 152 s.37, the second injury fund law, for claims with dates of injury between December 10, 1985, and December 23, 1991 (“Mid-Act”).
Insurance Recovery Legal Associates fought this battle to preserve the right to file these claims for our clients. We diligentlay pursue claims through the appellate system when necessary in order to protect our clients’ rights. This decision was extremely close with the SJC split 4 to 3 on one case and 3 to 3 on the other. It is favorable news for the many clients and business partners that currently have IRG working on their Massachusetts files.
If you are not currently working with Insurance Recovery Group (IRG) on your MA files, be aware that the further we get from the 1985 – 1991 DOI claims, the more difficult it will be to obtain the documents and evidence needed for successful SIF recovery. Timing is of the essence and urgency is in order to ensure that all such cases are identified and are being aggressively pursued before the passage of time creates an insurmountable obstacle to obtaining aged documents. Otherwise, your opportunities may be lost forever.
Contact us today if you would like to learn more about how we can help you with your second injury fund recoveries.