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CHERVIN v. THE TRAVELERS INSURANCE COMPANY

No. 04-P-1315.

65 Mass. App. Ct. 394 (2006)

PAUL N. CHERVIN v. THE TRAVELERS INSURANCE COMPANY.

Appeals Court of Massachusetts, Suffolk.

January 17, 2006.

Attorney(s) appearing for the Case

Stanley W. Wheatley for the plaintiff.

Scott McConchie (Thomas F. Maffei with him) for the defendant.

Present: Cowin, Brown, & Mills, JJ.

MILLS, J.

After The Travelers Insurance Company (Travelers or the insurer), as a workers' compensation carrier, paid $775,000 in benefits to an injured worker, Edward Mosher (the employee), it commenced a medical malpractice subrogation action against Dr. Paul N. Chervin, a neurologist, on the theory that he may have been liable for the accident in which the employee sustained the injuries.1 Travelers theorized that

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