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SPANIOL'S CASE

No. SJC-11218.

466 Mass. 102 (2013)

BRUCE SPANIOL'S CASE.

Supreme Judicial Court of Massachusetts, Suffolk.

July 30, 2013.

Attorney(s) appearing for the Case

Kimberly Davis Crear for the insurer.

Charles E. Berg for the employee.

Paul M. Moretti, for Property Casualty Insurers' Association of America, amicus curiae, submitted a brief.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.

SPINA, J.

At issue in this case is whether a provision of the Workers' Compensation Act (Act) pertaining to attorney's fees, G. L. c. 152, § 13A (10), allows an insurer to withhold up to twenty-two per cent of an employee's compensation award for specific injuries under G. L. c. 152, § 36, to offset the insurer's payment of the attorney's fees incurred by the employee. We conclude that it does not. Therefore, we...

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