Either the employee or the worker's compensation insurer may initiate a third-party recovery under § 15 (the insurer must wait until seven months after the date of injury); therefore, there is no requirement under that particular statute that the settlement be in the best interest of one party or the other. However, when there is a lump sum under § 48 that is heard simultaneously with the § 15 petition, the statutory mandate under § 48 (that the lump sum settlement must be in the employee's best interest) predominates.

Practice Note:

It is dangerous to present an approval of a § 15 petition in court when the overall agreement includes a lump sum. Most often in these cases, the workers' compensation insurer is waiving a portion or all of its prior right to recovery for third party. A problem arises where the court approves a third-party petition and the DIA judge does not think the lump sum is in the best interests of the plaintiff/employee. Better practice is to do both simultaneously at the department.

Recommended Content

People also viewed...

You recently viewed...

Personalization is OFF. Your personal browsing history at Mass.gov is not visible because your personalization is turned off. To view your history, turn your personalization on.

Learn more on our .

*Recommendations are based on site visitor traffic patterns and are not endorsements of that content.