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PINTO v. ABERTHAW CONSTRUCTION CO.

418 Mass. 494 (1994)

637 N.E.2d 219

JAIME PINTO vs. ABERTHAW CONSTRUCTION COMPANY & others.

Supreme Judicial Court of Massachusetts, Middlesex.

July 29, 1994.

Attorney(s) appearing for the Case

Richard T. Tucker for Weinstein, Bernstein & Burwick, P.C.

Marc LaCasse (Marjorie O. Dresser with him) for McCormack & Epstein.

Present: LIACOS, C.J., ABRAMS, NOLAN, LYNCH, & GREANEY, JJ.

GREANEY, J.

At issue in this case is the division between an insurer's attorney and an employee's attorney of an attorney's fee set aside from an employee's recovery in excess of the insurer's lien in a workers' compensation action brought by the insurer's attorneys pursuant to the third-party provisions of G.L.c. 152, § 15 (1992 ed.). After a hearing, a judge in the Superior Court awarded the entire $29,000 fee to...

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