Bill > H2141

This bill amends Chapter 231 of the General Laws to add a new section, 72A, which grants the Superior Court discretion in allocating settlement proceeds when an injured person receives benefits under Chapter 152 (workers' compensation) and then settles with or obtains a judgment against a third party responsible for their injuries. If the injured person and the insurer paying workers' compensation benefits cannot agree on how to divide the settlement or judgment money, the court will determine a "just and reasonable apportionment." Importantly, if the total settlement, judgment, or available funds are less than the injured person's total damages, the court can reduce the insurer's lien (the amount the insurer is entitled to recover for the benefits they paid) after a hearing and evaluating the injured person's damages. This provision aims to ensure a fair distribution of funds when there are insufficient resources to fully compensate both the injured person and the workers' compensation insurer.