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$________ JUDGMENT – Worker's Compensation – Third party action approval – Plaintiff fractured his arm in a slip and fall and sought approval of the third party

Worcester County, MA

In this matter, the plaintiff brought an action seeking approval of a third party settlement where the defendant employer had a substantial worker’s compensation lien. The plaintiff alleged a split where he received the majority of the settlement proceeds and the insurer would receive approximately $________. The defendant employer objected and maintained that the plaintiff’s share of the settlement should be with the majority going to the insured and the balance split between the employee and his wife on her consortium claim.

The male plaintiff employee fractured his arm when he slipped and fell due to ice in a freight yard. He underwent surgery for the fracture and alleged that he was unable to return to work. He received workers compensation benefits for his injuries and disability. The plaintiff brought a third party action for negligence which settled for the sum of $________. The plaintiff brought this action to approve the settlement, and proposed that the $________ settlement be divided with the plaintiff receiving $________, and the plaintiff’s wife and the insurer each receiving $________.

The defendant objected to the settlement proposal and maintained that it was entitled to the majority of the settlement proceeds in the amount of $________ and the plaintiff and his wife could split the remaining the $________. The insurer cited the large worker’s compensation lien in this matter which was over $________.

The court determined that the plaintiff spouse should receive 25% of the settlement funds since the testimony indicated that she spent a great deal of time aiding and assisting the plaintiff during his injury and recovery period.The court ordered that the remaining 75% of the settlement would be split 37.5% to the plaintiff and 37.5% to the defendant insured. The defendant insured received an additional $________ as a result of the court’s determination.

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