NOLAN, J.
This is an appeal from a decision of a Superior Court judge declaring that Medical West Community Health Plan, Inc. (Medical West), is entitled to assert and enforce a lien pursuant to the provisions of G.L.c. 111, § 70A (1992 ed.), against the proceeds of Margaret Creswell's tort action to the extent that the medical expenses paid by Medical West on behalf of Creswell exceeded the total
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