DiCarlo v. Suffolk Construction Co., Inc.

I agree with the majority’s decision to rely on Curry v. Great Am. Ins. Co., 80 Mass. App. Ct. 592 (2011) (Curry), and to hold that the workers’ compensation insurer’s lien under G. L. c. 152, § 15, does not reach the damages for pain and suffering recovered by the injured worker in a third-party action. However, my concurrence is based solely on the doctrine of stare decisis. In my view, a panel of this court should follow a recently published decision of the court on a question of statutory interpretation in the absence of any intervening action by the Legislature or a decision by the…