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LIBERTY MUT. INS. CO. v. WHITEHOUSE

C.A. No. 91-0222T.

868 F.Supp. 425 (1994)

LIBERTY MUTUAL INSURANCE CO., Liberty Mutual Fire Insurance Co., and Liberty Mutual Insurance Corp. v. Sherdon WHITEHOUSE, in his capacity as Director of the Department of Business Regulation and as Insurance Commissioner of the State of Rhode Island, Dennis I. Revens, in his capacity as Administrator of Workers' Compensation Court, William R. Tammelleo, in his capacity as Director of the Department of Labor and Director of the Department of Workers' Compensation, and Jeffrey Pine, in his capacity as Attorney General of the State of Rhode Island.

United States District Court, D. Rhode Island.

November 23, 1994.

Attorney(s) appearing for the Case

Deming E. Sherman, William P. Robinson, III, Edwards & Angell, Providence, RI, William F. Cupelo, Liberty Mut. Ins. Co., Boston, MA, for plaintiff.

Thomas A. Palombo and Richard B. Woolley, Atty. Gen's Office, Marc Gursky, Providence, RI, for defendant.

MEMORANDUM AND ORDER

TORRES, District Judge.

This is an action to declare void and to enjoin enforcement of a Rhode Island statute that requires payment of annual cost-of-living adjustments (COLAs) to workers' compensation recipients who have been totally disabled for more than 52 weeks. The plaintiffs, three affiliated insurance companies (collectively referred to as "Liberty") contend that, to the extent the statute requires COLA payments to individuals...

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