Date: | 11/10/2009 |
---|---|
Organization: | Department of Industrial Accidents |
Docket Number: | DIA Board No. 000456-94 |
Location: | Boston |
- Employee: Regina Morin Brancheau
- Employer: Bowes, Inc.
- Insurer: Liberty Mutual Insurance Company
McCARTHY, J. In this attorney's fee dispute among three law firms, third party claimants, James N. Ellis & Associates, P.C., (Ellis), and Yellin and Hyman, P.C., (Hyman), appeal from a judge's decision rejecting their claims for a portion of the $35,000 attorney's fee held in escrow following approval of a lump sum settlement agreement. In the decision on appeal, the judge ordered Ellis and Hyman, another of employee's prior counsel, to pay to the employee $10,500 in attorney's fees which they had been awarded at conference. We hold the judge was without authority to reform the approved lump sum settlement agreement by reducing the amount of the attorney's fee. However, we see no error in the judge's finding that neither Ellis nor Hyman were entitled to any portion of the attorney's fee. Accordingly, we award the entire fee to the attorney who last represented the employee and negotiated the lump sum settlement, Attorney John F. Trefethen, Jr.