Tetreault v. Robichaud

• Decision Date: 24 February 2015
• Docket Number: CIV. 12-0184
• Parties: GREGORY TETREAULT, Plaintiff v. JACLYN ROBICHAUD and BERKSHIRE COUNTY ARC, INC., Defendants
• Court: Massachusetts Superior Court

GREGORY TETREAULT, Plaintiff v. JACLYN ROBICHAUD and BERKSHIRE COUNTY ARC, INC., Defendants

CIV. No. 12-0184

Superior Court of Massachusetts, Berkshire

February 24, 2015

ORDER ON PLAINTIFF'S PETITION FOR APPROVAL OF A SETTLEMENT

John A. Agostini, Associate Justice, Superior Court.

In this case the plaintiff has submitted a joint petition for approval of a settlement pursuant to G.L. c. 152, § 15 Specifically, the plaintiff was injured as a result of a motor vehicle accident that occurred on January 10, 2009, on Brodie Mountain Road, Hancock. It is asserted that a vehicle operated by Jaclyn Robichaud crossed over the center line and struck the plaintiff's vehicle, Ms. Robichaud was allegedly in the course of her employment for the defendant Berkshire County Arc, Inc. at the time of the accident.

As a result of the accident the plaintiff suffered herniated discs, fracture of his right wrist and related injuries. At the time of the accident, the plaintiff was in the course of his employment as a sales representative for Patriot Resort Corporation. The plaintiff received worker's compensation benefits from Travelers Insurance Company that total $160 298, consisting of $27, 357 in medical benefits and $132, 941 in lost wages.

In January 2012, the plaintiff filed suit against the defendants seeking compensation for his injuries. After a protracted period of discovery, the parties were able to resolve the dispute for $275, 000. In accordance with the provisions of G.L. c. 152, § 15, the plaintiff and defendants have allocated the settlement proceeds as follows.

Lost wages: $110, 000.

Pain & suffering: $165, 000.

Pursuant to G.L. c. 152, § 15, Travelers is entitled to a lien for any money recovered by an injured worker that are compensated under the workers' compensation statute. See DiCarlo v. Suffolk Construction Co., Inc . 86 Mass.App.Ct. 589, 590, 19 N.E.3d 431 (2014); Curry v Great American Ins. Co ., 80 Mass.App.Ct. 592, 596-597, 954 N.E.2d 580 (2011)(" loss of consortium and conscious pain and suffering are not compensable injuries under the workers' compensation statute and therefore are not reimbursable under G. L. c. 152, § 15").

In accordance with the allocation suggested by the plaintiff and defendants, Travelers would be entitled to a recovery of $110, 000 less attorney's fees and expenses of $37, 985, or $72, 015. The plaintiff would receive $108, 022.

Travelers has objected to...