The Massachusetts Supreme Judicial Court has ruled that a Workers' Compensation insurance carrier's lien on damages an employee recovered from a third party did not attach to damages paid by the third party for the employee's pain and suffering.
The case
Robert M. DiCarlo and Bernard J. Martin were injured in the course of their employment, collected Workers' Compensation benefits, and then reached settlement agreements with third parties including damages for, among other things, their pain and suffering.
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