| Date: | 08/09/2000 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 059942-90 |
| Location: | Boston |
- Employee: Kristine Dodge
- Employer: Massachusetts General Hospital
- Self Insurer: Massachusetts General Hospital
MCCARTHY, J. The self-insurer, Massachusetts General Hospital (MGH), appeals from a §11 hearing decision in which an administrative judge concluded that MGH was not entitled to claim an offset under G. L. c. 152, §15, against future c. 152 benefits payable to Kristine Dodge. Dodge was injured in a work-related motor vehicle accident on October 18, 1990. MGH accepted the claim and paid weekly indemnity and medical benefits. (Dec. 2.) Ms. Dodge brought a third-party tort action in the United States District Court for the Southern District of New York in 1993. Between the date of the accident and the time of settlement in November 1994, MGH paid the employee approximately $150,000.00 in c. 152 benefits. The tort action was settled prior to trial for $440,000.00. The administrative judge summarized the facts surrounding the settlement as follows:
On November 21, 1994, the employee’s attorney, Mr. Kreinder, notified MGH counsel, by fax that presiding Judge Preska in the employee’s third party action had ordered a hearing on November 23 "to address the validity and amount of the Massachusetts General Hospital lien." [Citation omitted.] MGH made no objection to the jurisdiction of the New York court, nor did it claim that it would not have an opportunity to be heard. On the morning of November 23, 1993, prior to recitation in Court of the Settlement Stipulation, Attorney Timothy Nevils, on behalf of MGH, conferred by telephone from Boston in the matter of its lien with regard to the third party settlement with Judge Preska, Attorney Kreindler, and Attorney Glascot, appearing for the defendant, all of whom were convened in the Judge’s chambers in New York. That same morning, a hearing was held and the terms of the settlement were placed on the record. MGH was to be paid $75,000 in ‘full and final satisfaction of the lien’ it currently holds in this action. . . . Settlement of this case, and payment of $75,000 to Massachusetts General will not curtail or limit in any way Massachusetts General’s obligation to make continuing workers’ compensation payments to Kris Dodge as those payments become necessary."
. . .
On November 28, 1994, Attorney Kreindler sent a transcript of the Settlement Stipulation to all parties concerned, including MGH. [Citation omitted.] The Judge entered an order on November 29, 1995, approving the settlement "as reflected by the transcript . . .." [Citation omitted.] MGH counsel had an opportunity to review the hearing transcript prior to the judge’s order and voiced no objection to the conditions represented therein. Following the judge’s order approving the settlement as reflected by the transcript of November 23, 1994, there is no evidence that MGH either objected to the conditions of the settlement or filed a Motion to Amend the Judge’s Order. I find that, by its silence, MGH agreed to and ratified the terms of the settlement
(Dec. 3.) (emphasis in original.)