DiCarlo v. Suffolk Construction Co., Inc.

This appeal involves a workers’ compensation insurer’s lien under G. L. c. 152, § 15, and poses the question whether, in cases where an injured employee receives workers’ compensation benefits and then sues and successfully negotiates the allocation of noneconomic damages to the employee in a lawsuit against a third-party tortfeasor, the § 15 lien attaches to the noneconomic damage recovery, such as for pain and suffering.

*590We conclude that this interlocutory appeal3 4from an order denying the plaintiff’s amended petition for settlement is controlled by this court’s previous decision in Curry…