• Menu
  • Skip to right header navigation
  • Skip to main content
  • Skip to secondary navigation
  • Skip to primary sidebar
  • Skip to footer

Before Header

Keches Law Group is now the official law firm of The New England Patriots - Learn More

offical injury law firm of the New England Patriots, Boston Bruins and Free Jacks

en_US English
en_US English es_ES Español pt_BR Português do Brasil
Free Confidential Consultation  (617) 898-0808

Keches Law Group

Workers' Compensation and Injury Lawyers

  • Home
  • Attorneys
  • Practice Areas
    • Personal Injury
    • Workers’ Compensation
    • Medical Malpractice
    • Class Actions
    • Employment Law
    • Social Security Disability
    • Accidental Disability Retirement
    • Insurance Disputes
  • Case Results
  • Client Reviews
  • About
    • News & Media
    • Careers
    • Diversity & Inclusion
    • No Fee Policy
    • Keches Cares™ Giving
    • Scholarship Essay Contest
    • Attorney Referrals
  • Search
  • Contact Us
  • en_USEnglish
  • es_ESEspañol
  • pt_BRPortuguês do Brasil

Mobile Menu

  • Home
  • Attorneys
  • Practice Areas
    • Personal Injury
    • Workers’ Compensation
    • Medical Malpractice
    • Class Actions
    • Employment Law
    • Social Security Disability
    • Accidental Disability Retirement
    • Insurance Disputes
  • Case Results
  • Client Reviews
  • About
    • News & Media
    • Careers
    • Diversity & Inclusion
    • No Fee Policy
    • Keches Cares™ Giving
    • Scholarship Essay Contest
    • Attorney Referrals
  • Search
  • Contact Us

Call Now. We’re available 24/7.

Se habla español

(617) 898-0808

Major Change in Law Allows Better Recovery for Injured Workers

You are here: Home / News / Major Change in Law Allows Better Recovery for Injured Workers

November 20, 2012 //  by Keches Law

This is a major change in case law.

As many former clients of this firm are aware, we often represent parties that have third party claims. The injured party is the first party. The second party is their employer and the third party is anyone else who can be blamed for the accident. However, often our clients have a pending worker’s compensation claim which results in a worker’s compensation lien on the recovery of the third party case pursuant to M.G.L. 152 Section 15. For the last 25 years under the case Hunter v. Midwest Coast Transport, Inc., it has been argued that liens must be paid back in full less prorated attorney’s fees and expenses before any net dollars get disbursed to the client. The exceptions to that has been the consortium claims of the spouse or child which is not subject to the worker’s compensation lien.

Traditionally, we have dealt with that in many ways but in most cases, we have been able to work out agreements with the insurers to do a fair distribution of the proceeds with a reduction of the worker’s compensation lien. While that may be true in most cases, sometimes the insurers would draw a line in the sand which forced bad cases to trial.
Recently, in the case of Curry v. Great American Insurance Company, the Appeals Court in Massachusetts rendered a decision that essentially legally recognizes a long held belief:

  1. That M.G.L. 152 Section 15 [the right to recover a worker’s compensation lien] was in place to prevent a double recovery for the same injury;
  2. Under M.G.L. 152, Section 15 the only recovery that the injured party got was an economic recovery. That is they received indemnity for lost wages and medical bill payments. They got nothing for their pain and suffering;
  3. Under Curry, the Appeals Court has finally recognized that the injured parties pain and suffering or non economic damages are not subject to the worker’s compensation lien.
    80 Mass.App.Ct. 592 (2011)

Consequently, the Appeals Court now leaves it to the Superior Court judge and/or the Industrial Accident Board ALJ to decide if the apportionment of the settlement is fair to all the parties including the lienholder. It allows the judge to have discretion over the allocation where as before the Curry decision it was viewed that the judge did not have that level of discretion. While the judge cannot do the allocation, the judge can approve what he or she feels is a fair allocation.

As the Curry case involved a statutory claim under the wrongful death statute, there is one Superior Court decision that argues that Curry only applies in a Wrongful Death claim. However, the Appeals Court in the Curry decision footnote #7 concluded that the fact that this was a Wrongful Death claim has no nothing to do with how they are interpreting the application of M.G.L. 152, Section 15 liens to the non economic claims of the injured party.

Keches Law Group, P.C. has been aggressive in applying Curry to our cases since the decision advocating as strongly as possible on behalf of our clients.

Category: News

Looking for help? or just have a question?

Contact us for a free, no obligation consultation today. It won’t cost a thing and it’s 100% confidential.

Call, chat or email us today.

Contact Us

Previous Post: « Supermarket Slip and Fall Accidents
Next Post: Stay Safe on the Roads this Thanksgiving Weekend »

Primary Sidebar

Free Case Evaluation

Call 617-898-0808 for immediate help or fill out the form below and we’ll get back to you ASAP.

"*" indicates required fields

Name*
This field is for validation purposes and should be left unchanged.

Secure Form

[brb_collection id="2306"]

Footer

About Us
Keches Cares™
Careers
Diversity & Inclusion
Scholarship
Attorney Referrals
No Fee Policy

Recent Blog Posts:

  • Gallery: Salute To Nurses 2025
  • Keches Law Group Proudly Sponsors Boston Globe’s “Salute To Nurses” Celebration
  • We Built This City – Celebrating the workers who keep New England going
  • Keches Law Group Celebrates Five Attorneys Listed Among Best Lawyers®

Contact Us

We are available 24/7 by phone

Se habla Español / Portugues
en_US English
en_US English es_ES Español pt_BR Português do Brasil


Office Hours:
Monday through Friday, 8:30 AM to 5 PM

Saturday, Sunday and evening appointments available upon request.

We’re just a call or click away if you need help.

617-898-0808

Contact Us By Email →

Follow Us:


The Official Injury Law Firm of: official injury law firm

  • Sitemap
  • Privacy Policy
  • ADA Notice
  • Blog
  • Press Releases

Site Footer

We serve all of MA, NH, RI, CT including the following locations: Bristol County including Attleboro, Fall River, New Bedford, and Taunton; Norfolk County including Brookline, Dedham, Franklin, Milton, and Quincy; Worcester County including Fitchburg, Leominster, Shrewsbury, Westborough, and Worcester; Hampden County including Ludlow, Springfield, West Springfield, and Westfield; Middlesex County including Cambridge, Framingham, Lowell, and Medford; and Plymouth County including Brockton and Plymouth.

Attorney advertisement disclaimer: the information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. Any information submitted through a form is not intended to create an attorney-client relationship.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Copyright © 2025 Keches Law Group · All Rights Reserved

en_US English
en_US English
es_ES Español
pt_BR Português do Brasil