Calligaris's Case

The employee sustained a compensable injury under circumstances which might create legal liability in a third person, the Boston Elevated Railway Company. The insurer paid compensation to the employee, and brought an action in his name against the railway under G. L. (Ter. Ed.) c. 152, § 15. That section contains a provision, inserted by St. 1929, c. 326, § 1, that “the insurer shall not make any settlement by agreement with such other person without the approval of the industrial accident board.”

The board, without notice to the employee, gave approval to a settlement of the action for a sum…