Pinto v. Aberthaw Construction Co.

At issue in this case is the division between an insurer’s attorney and an employee’s attorney of an attor*495nev’s fee set aside from an employee’s recovery in excess of the insurer’s lien in a workers’ compensation action brought by the insurer’s attorneys pursuant to the third-party provisions of G. L. c. 152, § 15 (1992 ed.). After a hearing, a judge in the Superior Court awarded the entire $29,000 fee to the insurer’s attorneys, the law firm of McCormack & Epstein. We granted McCormack & Epstein’s application for further appellate review after the Appeals Court, 35 Mass. App. Ct. 253 (1993),…