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TAYLOR v. THE TRANS-LEASE GROUP

No. 91-P-1246.

34 Mass. App. Ct. 404 (1993)

612 N.E.2d 254

THOMAS M. TAYLOR & another vs. THE TRANS-LEASE GROUP & another.

Appeals Court of Massachusetts, Middlesex.

April 27, 1993.

Attorney(s) appearing for the Case

Allen Whitestone for Liberty Mutual Insurance Company.

Amy G. Wanger, for the plaintiffs, submitted a brief.

Present: BROWN, GILLERMAN, & GREENBERG, JJ.

GREENBERG, J.

Under G.L.c. 152, § 15, which establishes when a right of reimbursement accrues for the benefit of a workers' compensation insurer from any recovery against a third person, a Superior Court judge approved a settlement agreement which halved the insurer's lien. We conclude that, on the case before us, the reduction of the insurer's lien constituted error as matter of law. The material facts necessary to consider the question of law presented are...

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