Creswell v. Medical West Community Health Plan, Inc.

This is an appeal from a decision of a Superior Court judge declaring that Medical West Community Health Plan, Inc. (Medical West), is entitled to assert and enforce a lien pursuant to the provisions of G. L. c. Ill, § 70A (1992 ed.), against the proceeds of Margaret Creswell’s tort action to the extent that the medical expenses paid by Medical West on behalf of Creswell exceeded the total *328personal injury protection benefits that she was entitled to receive.

The facts of this case are undisputed. In October of 1989, Creswell was injured in a two-vehicle automobile accident. As a result of the…