Massachusetts General Laws

Mass. Gen. Laws ch. 152, § 15A (2026)

Controversy as to which of two or more insurers is liable

✓ current as of July 2026

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Section 15A. If one or more claims are filed for an injury and two or more insurers, any one of which may be held to be liable to pay compensation therefor, agree that the injured employee would be entitled to receive such compensation but for the existence of a controversy as to which of said insurers is liable to pay the same, such one of said insurers as they may mutually agree upon or as may be selected by a single member of the board shall pay to the injured employee the compensation aforesaid, pending a final decision of the board as to the matter in controversy, and such decision shall require that the amount of compensation so paid shall be deducted from the award if made against another insurer and be paid by said other insurer to the insurer agreed upon or selected by the single member as aforesaid. If, however, said insurers cannot agree that such employee would be entitled to compensation irrespective of the existence of such controversy, then a hearing to determine the question of liability and the payment of compensation shall be held forthwith by the division, such hearing to take precedence over other pending matters.

Notes of Decisions

Cited in 7 cases, 1959–2013 · leading case: Murphy's Case, 759 N.E.2d 754 (Mass. App. Ct. 2001).

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Murphy's Case, 759 N.E.2d 754 (Mass. App. Ct. 2001). · cites it 2× “Bay agreed to accept an amended order, which required it to pay the employee benefits under G. L. c. 152, § 15A, while at the same time appealing the order.”

St. Paul Companies v. TIG Premier Ins., 792 N.E.2d 666 (Mass. App. Ct. 2003). · cites it 2× “Specifically pointing to the provisions of G. L. c. 152, § 15A, which provide “a procedure for resolution by the board of controversies between insurers as to which is liable to pay a claim,” Utica, supra at 265 , we noted that “[t]he requirement *654 of exhaustion of…”

Baker's Case, 773 N.E.2d 466 (Mass. App. Ct. 2002). “218 (1994) (where an insurer assumes liability for compensation on a resulting period of disability and voluntarily pays benefits beyond the “without prejudice” period provided in G. L. c. 152, § 15A, that insurer may bear the burden of proving the claim against the alleged…”

Hankowski's Case, 159 N.E.2d 88 (Mass. 1959). “50 as reimbursement for such payments made by it to the employee pursuant to a selection by a member of the Industrial Accident Board under the provisions of G. L. c. 152, § 15A, as amended through St.”

Home Indem. Ins. v. Merchants Distributors, Inc., 471 N.E.2d 748 (Mass. App. Ct. 1984). “See also G. L. c. 152, §§ 15A, 28, and 48. 2 In my view, neither the language nor the purpose of the excerpt, to the extent apparent on this record, demands its application to this dispute between the insurer and the insured as to which of the two policies provides coverage.”

Bolduc's Case, 999 N.E.2d 133 (Mass. App. Ct. 2013). · cites it 2× “See generally G. L. c. 152, § 15A; The St. Paul Cos. v.”

St. Paul Companies v. TIG Premier Ins., 12 Mass. L. Rptr. 42 (Mass. Super. Ct. 2000). · cites it 3× “The fact that the plaintiff in Utica pursued a hearing before a single member of the board pursuant to G.L.c. 152, §15A is a distinction without a difference.”

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