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CAMPBELL v. SCHOOL ADMINISTRATIVE DIST. NO. 595/30/1995
g unnecessary litigation. We have also recognized that a primary goal of the lien provision is to preserve the employee's recovery against the third-party tortfeasor. Overend, 441 A.2d at 314; Mitchell v. Peaslee, 143 Me. 372, 375, 63 A.2d 302 (Me. 1948). An interpretation of section 68 that would allow a lien against the employee's settlement with the party responsible for the employee's injury would reduce the recovery that the Legislature intended the employee receive.
We accord deference to decisions of the Board interpreting the Workers' Compensation Act. Curtis v. National Sea Prods., 657 A.2d 320, 322 (Me. 1995). Because we agree that, pursuant to section 68, S.A.D. 59 is not entitled to recover the employee's attorney fees from the third-party settlement, we affirm the decision of the Board.
The entry is:
Decision of the Workers' Compensation Board affirmed.
All concurring.
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