Lane v. Plymouth Restaurant Group
Lane v. Plymouth Restaurant Group
Opinion of the Court
General Laws c. 152, § 15, requires a hearing and court approval of any settlement of a third-party tort action in which a workers’ compensation insurer has a lien. In this case, we are asked to decide whether, at such a hearing, a judge must
The facts underlying the claim are not in dispute. Delores Lane (Delores), a visiting nurse, was struck and killed by an automobile whose driver was operating while under the influence of alcohol. At the time of the accident Delores was leaving a client’s home. Her husband, Eugene T. Lane (Lane), received $81,335 in death benefits and continues to receive $316.62 weekly from Managed Comp, Delores’s workers’ compensation insurer. Lane, as executor of Delores’s estate, brought a civil action for wrongful death against the driver, Robert B. Senior,
Two months later, the parties agreed to settle the lawsuit for $237,500 and submitted a proposed settlement for court approval pursuant to G. L. c. 152, § 15. The settlement petition divided the proceeds equally among the five plaintiffs, twenty per cent each. Each plaintiff’s portion was equally allocated between the wrongful death and the negligent infliction of emotional distress claims. According to the parties, this apportionment of the proceeds made only ten per cent of the total
At the settlement hearing, Lane testified that the allocation was fair because he and each of his sons suffered equally from Delores’s death. Managed Comp requested to cross-examine Lane and to question his sons and proffered the type of questions it sought to pose to Lane. However, the judge did not allow Managed Comp to cross-examine Lane or to present other evidence. The judge stated that, given the small amount of proceeds available, each plaintiff would be receiving only a fraction of the actual loss suffered. The judge found that the settlement allocation was fair and approved the settlement.
Managed Comp claims that the judge’s approval of the settlement violated G. L. c. 152, § 15, because it was denied the opportunity to cross-examine Lane and to present evidence regarding the fairness of the settlement allocation. We agree that the judge erred in this regard.
The relevant provisions of G. L. c. 152, § 15, read:
“[N]o settlement by agreement shall be made with such other person without the approval of . . . the court in which the action has been commenced after a hearing in which both the employee and the insurer have had an opportunity to be heard. At such hearing the court shall inquire and make a finding as to the taking of evidence on the merits of the settlement, on the fair allocation of amounts payable to the employee and the employee’s spouse, children . . . who may have claims arising from the injury for which are payable, under this chapter in which the action has been commenced after an opportunity*472 has been afforded both the insurer and the employee to be heard on the merits of the settlement and on the amount, if any, to which the insurer is entitled out of such settlement by way of reimbursement. . . .”
“The general and familiar rule is that a statute must be interpreted according to the intent of the Legislature ascertained from all the words construed by the ordinary and approved usage of the language, considered in connection with the cause of its enactment, the mischief or imperfection to be remedied and the main object to be accomplished, to the end that the purpose of its framers may be effectuated.” Hanlon v. Rollins, 286 Mass. 444, 447 (1934), citing Commonwealth v. S.S. Kresge Co., 267 Mass. 145, 148 (1929).
We have consistently recognized that § 15 is designed to reimburse the workers’ compensation insurer and to prevent the employee’s double recovery. Rhode v. Beacon Sales Co., 416 Mass. 14, 17 (1993); Eisner v. Hertz Corp., 381 Mass. 127, 131 (1980); Richard v. Arsenault, 349 Mass. 521, 524 (1965). General Laws c. 152, § 15, provides that the “sum recovered shall be for the benefit of the insurer, unless such sum is greater than that paid by it to the employee.” “[A]n insurer’s right to full reimbursement of benefits it has paid to the injured employee . . . may not be compromised, abridged, or equitably allocated to others so as to deprive the insurer of its hen.” Hultin v. Francis Harvey & Sons, 40 Mass. App. Ct. 692, 695 (1996). Unless an excess amount is recovered, “the entire recovery is for the insurer.” Rhode v. Beacon Sales Co., supra at 19.
The plain words of the statute provide the employee and the workers’ compensation insurer an opportunity to be heard (“after a hearing in which both the employee and the insurer have had an opportunity to be heard”). The statute gives the insurer “an opportunity to be heard and to challenge the proposed [settlement] allocation.” Corbett v. Related Cos. Northeast, 424 Mass. 714, 721 (1997). In certain circumstances, including those here, an opportunity to be heard is meaningless without cross-examination of witnesses or presentation of evidence. The statute further provides that “[a]t such hearing the court shall inquire and make a finding as to the taking of
Settlement hearings pursuant to § 15 should not become full-fledged trials, but both the employee and the insurer should be permitted a true “opportunity . . . to be heard.” Further, as the Appeals Court has stated, “the better course — and one more in keeping with the statute’s intent” is for the judge to make subsidiary findings of fact that lead him to conclude that the settlement allocation is “fair.” Id. at 697.
Here, the judge did not comply with the statute. Managed Comp met its threshold burden by claiming that the settlement allocation was structured to defeat its lien on the settlement proceeds, see Walsh v. Telesector Resources Group, Inc., supra at 232, as evidenced by the fact that the emotional distress claims were added four years after the suit was begun, and by suggesting relevant questions it might pose.
So ordered.
Senior subsequently was convicted of vehicular homicide and was incarcerated.
The defendants did not object to the motion to amend the complaint at this time, reserving the right to object if settlement negotiations failed and the case went to trial.
The issue of which claims are subject to the lien has not been contested or briefed, and we therefore accept for purposes of this opinion the representation of all parties regarding which proceeds are available to satisfy Managed Comp’s lien.
Counsel for Managed Comp raised this issue at more than one point during the hearing, stating, among other things, “[I]t’s clear from the way this settle
We do not suggest that all the issues Managed Comp discussed were relevant to determining the fairness of the allocation, simply that some of them are the type that might be asked at a hearing of this nature.
For example, although all four of Lane’s sons are emancipated adults, two of them lived at home with their parents at the time their mother was killed. Managed Comp’s questioning of the sons was relevant to assessing the comparative merits and worth of each son’s claim.
Because of our holding, we need not reach Managed Comp’s constitutional arguments.
Reference
- Full Case Name
- Eugene T. Lane, & others v. Plymouth Restaurant Group & another
- Cited By
- 6 cases
- Status
- Published