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Decision Maria Zurawski v. Atlas Box and Crating Company, Inc.

Date: 05/16/2014
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 033990-07
Location: Boston
  • Appellant: James N. Ellis, Esq.
  • Present: Allen Rubin, Esq., Appellee
  • Insurer: Travelers Indemnity

HORAN, J. The employee’s successor counsel, attorney James Ellis (Ellis), appeals from a decision ordering the equal division of an attorney’s fee between him and the employee’s prior counsel, Allen Rubin (Rubin), which fee resulted from an approved lump sum settlement agreement between the employee and the insurer. We affirm Rubin’s right to a lien on the fee, but recommit the case for a quantum meruit1 determination of the amount due him.

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1 Quantum meruit means "as much as deserved," and measures recovery based upon the reasonable value of services rendered. Black’s Law Dictionary, 1243 (6th ed. 1990).