In February 2016, the Supreme Judicial Court decided DiCarlo v. Suffolk, holding that non-economic damages are beyond the reach and immune from the application of a workers’ compensation lien under G.L. c. 152, § 15.
The SJC held that excluding from the lien the value of damages for pain and suffering recovered in tort cases neither infringes on the insurer’s right to reimbursement, nor affords a plaintiff-employee double recovery.
Our panel of experts will walk you through the backstory of the this landmark decision and how it is likely to affect the various ways that Section 15 liens will be resolved in the future. Attend this program and be prepared.