Daly's Case
Massachusetts Supreme Judicial Court
1Opinion of the CourtAbrams, J.
The main issue is the correctness of a decision by the Department of Industrial Accidents (DIA) approving the terms of a settlement of a third-party action. See G. L. c. 152, § 15 (1986 ed.). 2 The injured claimant, Thomas L. Daly, agreed to pay his attorney, Mr. James N. Esdaile, Jr., a contingent legal fee of one-third of any third-party recovery. Travelers Insurance Company (Travelers), which insured Daly’s employer, was fully reimbursed out of the third-party settlement for the compensation it paid Daly. The settlement apportioned Esdaile’s fee between Daly and Travelers. Travelers…
2Cases cited25 opinions
- Moody v. ArabieSupreme Court of Louisiana · 1986
- Quinn v. State of CaliforniaCalifornia Supreme Court · 1975
- Stratos v. Department of Public WelfareMassachusetts Supreme Judicial Court · 1982
- Kelly v. State Insurance FundNew York Court of Appeals · 1983
- Ahmed's CaseMassachusetts Supreme Judicial Court · 1932
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3Cited by15 opinions
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- Rhode v. Beacon Sales Co.Massachusetts Supreme Judicial Court · 1993
- Green's CaseMassachusetts Appeals Court · 2001
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