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You may recall in the past that I've spoken about the situation where workers who've been injured on the job have a potential two kinds of claims the first is a workers' compensation claim which is lodged or waged against the employer and the second is a claim for negligence against a party who is not the employer it's the claim for negligence that is heard in the Massachusetts Superior Court in that claim pursuant to a law in Massachusetts chapter 152, section 15 requires that at the end of the case either a herring is held in the Superior Court or a petition is brought before the division of industrial accident board to have the settlement approved and a real thorn in the side, and I've spoken about this our lien holders in this instance in this fact situation I don't mean lien holders who are medical providers but rather the workers' compensation in short for it is the workers' compensation insurance the third-party recovery and that allocation has to be a and allocation has to be made at the conclusion of the case either as I say before the industrial accident board or a Massachusetts Superior Court now in recent years there have been things known and those of you who are familiar will have heard this the curry case and other cases which allow the employee to insulate some proceeds from the workers' compensation insurer there are allocations in the petition for pain and suffering those are the curry allocations and allocations that are done for loss of consortium because a wife or children's claims philosophy awesome are not subject to the workers' compensation lien the catch or the Bugaboo is that requires superior court approval or division of industrial accident approval in the superior court and the appellate courts have said quote were in the bulk of the settlement proceeds has been allocated to claims for which the insurer may not be in reimbursed again that would be for example loss of consortium those allocations must be I buy the court with a healthy dose of skepticism and of quote however that is not to say that your lawyer can't attempt with a fact situation supports it to make an allocation for consortium and to make an allocation which almost now is automatically done for the curry pain and suffering and again the net effect of that will be to protect the employee the client from having to pay that portion at all towards the lien thank you very much
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