The opinion
Whittemore, J.
(concurring) Mr. Justice Spalding and I would hold that each plaintiff was an “employer to whom a policy . . . [was] issued pursuant to” G-. L. c. 152, § 65A, so that there was a right of appeal under § 65K. There was initially an appeal to the division, and the Commissioner’s prior agreement to the plan to have the Bureau assign the risks was in a sense a designation by the Commissioner of whatever insurers the Bureau assigned. The plaintiffs, as a result of what took place, held assigned risk policies and § 65K intends that the holders of such policies have a right of appeal in respect of the premiums.