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LANE v. PLYMOUTH RESTAURANT GROUP

440 Mass. 469 (2003)

EUGENE T. LANE, executor, & others vs. PLYMOUTH RESTAURANT GROUP & another.

Supreme Judicial Court of Massachusetts, Plymouth.

December 4, 2003.

Attorney(s) appearing for the Case

Richard A. Zucker for Managed Comp Insurance Company.

Conrad John Bletzer, Jr. (James M. Murphy with him) for the plaintiffs.

Present: Marshall, C.J., Greaney, Ireland, Spina, Cowin, Sosman, & Cordy, JJ.

COWIN, J.

General Laws c. 152, § 15, requires a hearing and court approval of any settlement of a third-party tort action in which a workers' compensation insurer has a lien. In this case, we are asked to decide whether, at such a hearing, a judge must allow a workers' compensation insurer to present evidence regarding the fair allocation of settlement proceeds among the insurance beneficiaries. A Superior Court judge...

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