ASSOCIATED INDUSTRIES OF MASSACHUSETTS MUTUAL INSURANCE COMPANY v. HOUGH

No. 12-P-1927.

84 Mass. App. Ct. 531 (2013)

ASSOCIATED INDUSTRIES OF MASSACHUSETTS MUTUAL INSURANCE COMPANY v. SHAWN HOUGH.

Court of Appeals of Massachusetts, Middlesex.

November 19, 2013.


Attorney(s) appearing for the Case

Teresa Brooks Benoit for the defendant.

Holly B. Anderson for the plaintiff.

Present: RAPOZA, C.J., WOLOHOJIAN, & MILKEY, JJ.


MILKEY, J.

Pursuant to G. L. c. 152, § 11D(3), an insurer brought an action in Superior Court against Shawn Hough, seeking to recoup excess workers' compensation benefits it had paid to him. Hough successfully defended against that action, and the sole question raised by this appeal is whether he is thereby entitled to attorney's fees. Because we agree with the Superior Court judge that the answer is "no," we affirm.

Background. Hough was employed...

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