| Date: | 03/12/2002 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 066739-92 |
| Location: | Boston |
- Employee: James N. Ellis (3rd party), Cynthia Maxwell
- Employer: North Berkshire Mental Health
- Insurer: Wausau Insurance Co.
LEVINE, J. The third party claimant is an attorney who had represented the employee in her workers’ compensation case. After the employee secured a new attorney, the third party claimant filed a lien pursuant to G. L. c. 221, § 50. He now appeals an administrative judge’s decision denying his complaint to determine and enforce the attorney’s lien following the approval of a lump sum agreement. The judge found that, under § 50, the attorney’s remedy was in Superior Court. While we do not agree with the judge’s reasoning, we affirm the decision for different reasons.