Percoco's Case

This appeal from the reviewing board (board) of the Department of Industrial Accidents (department) concerns whether a workers’ compensation insurer must obtain approval from the department prior to effectuating its offset rights under G. L. c. 152, § 15 (1992 ed.), against the excess of a third-party judgment. We also address whether cost of living adjustments under G. L. c. 152, § 34B (1992 ed.), are subject to offset. Because we conclude that the insurer had no obligation under § 15 to obtain approval from the department prior to offsetting the injured employee’s future compensation claims…