Bongiorno v. Liberty Mutual Insurance Co.

This action presents a question regarding the interpretation of § 15 of the Workers’ Compensation Act, G. L. c. 152 (1992 ed.), which permits an action against a party other than an employer when that party may be liable for an employee’s injury. Section 15 provides that damages recovered in a third-party action are for the benefit of the workers’ compensation insurer to the extent that the insurer has paid compensation benefits. The intervener in this case, Liberty Mutual Insurance Company (Liberty Mutual), asserts that, under § 15, it has a lien on the recovery of the plaintiffs, Anthony…