Daly v. Commonwealth

*101Kass, J.

Concerning the underlying obligation to the plaintiff, Richard E. Daly, there is neither mystery nor dispute. The Commonwealth in its brief concedes that at all times material the plaintiff held an appointment as a special assistant attorney general to defend claims against, or prosecute claims on behalf of, the Workers’ Compensation Second Injury Fund (“Second Injury Fund”).2 For his services in that capacity, the plaintiff billed $72,403.87, which the Commonwealth agrees is a fair charge for services competently performed.3 What the Commonwealth says in defense of its failure to pay…