Legal Opinion

Ellis v. Commissioner of the Department of Industrial Accidents

Massachusetts Appeals Court

Decided September 18, 2015No. AC 13-P-402Published

1Opinion of the CourtBerry, J.

Reduced to essentials, in this latest appellate foray, the plaintiff, James Ellis, contends that, in considering whether to approve a lump sum agreement under § 48 of G. L. c. 152, the Workers’ Compensation Act (act), for injuries to a worker, an administrative judge of the Department of Industrial Accidents (department) or a law judge on the department’s reviewing board (reviewing board) (hereinafter collectively referred to as administrative judge) is absolutely foreclosed from reviewing the authenticity of the legal expenses and from adjusting those expenses downward, leaving more money…

2Cases cited8 opinions

  1. Neff v. Commissioner of the Department of Industrial AccidentsMassachusetts Supreme Judicial Court · 1995
  2. Perkins's CaseMassachusetts Supreme Judicial Court · 1932
  3. Chace v. CurranMassachusetts Appeals Court · 2008
  4. Paltsios's CaseMassachusetts Supreme Judicial Court · 1952
  5. Spaniol's CaseMassachusetts Supreme Judicial Court · 2013

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