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BONGIORNO v. LIBERTY MUTUAL INSURANCE CO.

417 Mass. 396 (1994)

630 N.E.2d 274

ANTHONY BONGIORNO & another vs. LIBERTY MUTUAL INSURANCE COMPANY.

Supreme Judicial Court of Massachusetts, Middlesex.

March 31, 1994.

Attorney(s) appearing for the Case

Joseph H. Aronson for Liberty Mutual Insurance Company, intervener.

Alice J. Klein for the plaintiffs.

Present: WILKINS, ABRAMS, O'CONNOR, & GREANEY, JJ.

GREANEY, J.

This action presents a question regarding the interpretation of § 15 of the Workers' Compensation Act, G.L.c. 152 (1992 ed.), which permits an action against a party other than an employer when that party may be liable for an employee's injury. Section 15 provides that damages recovered in a third-party action are for the benefit of the workers' compensation insurer to the extent that the insurer has paid compensation benefits. The intervener in this...

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