1. In general

Statute, which requires social worker to conduct activities in accordance with generally accepted professional standards, did not make devisee, as social worker, a fiduciary of testator, as devisee's client, where relationship did not manifest relinquishment of control over financial affairs, conferral of wide authority to act on important matters and make discretionary judgments, or degree of reliance that usually lie at core of recognized fiduciary relationship. Heinrich v. Silvernail (1986) 500 N.E.2d 835, 23 Mass.App.Ct. 218, review denied 503 N.E.2d 665, 399 Mass. 1101. Wills  157

2. Medical malpractice

Licensed independent clinical social workers (LICSW) are not "providers of health care" within meaning of statute requiring medical malpractice claims against health care providers to be brought before medical tribunal before proceeding to trial. Carter v. Bowie (2000) 736 N.E.2d 385, 432 Mass. 563. Health  806

Malpractice settlements of judgments

Commonwealth had statutory lien against Medicaid beneficiary's medical malpractice settlement against her obstetrician, even though settlement damages did not include past medical expenses. Whelan v. Division of Medical Assistance (1998) 694 N.E.2d 10, 44 Mass.App.Ct. 663. Health  496(3); Health  497

4. Hearing

Medicaid beneficiary was entitled to evidentiary hearing to determine extent of Commonwealth's statutory lien against beneficiary's medical malpractice settlement, although she was not entitled to relitigate what caused brain deficit which was subject of malpractice claim. Whelan v. Division of Medical Assistance (1998) 694 N.E.2d 10, 44 Mass.App.Ct. 663. Health  502

5. Review

Medicaid beneficiary's raising for first time on appeal issue of whether Commonwealth should be required to pay share of attorney fees she incurred in obtaining settlement against which Commonwealth asserted statutory lien precluded review of issue on appeal. Whelan v. Division of Medical Assistance (1998) 694 N.E.2d 10, 44 Mass.App.Ct. 663. Health  508

Insurance & Liability
Professional liability insurer that was defending under reservation of rights was not entitled to reimbursement for amount of settlement that it paid to plaintiff in underlying tort suit where insured did not authorize payment of that amount and where insured did not agree to reimburse insurer if it prevailed on its coverage position; where insurer had not obtained insured's authorization, issue of whether there was actually coverage under policy was irrelevant. Medical Malpractice Joint Underwriting Ass'n of Massachusetts v. Goldberg (1997) 680 N.E.2d 1121, 425 Mass. 46. Insurance  3506(1)

Where insurer defends under reservation of rights to later disclaim coverage, it may later seek reimbursement for amount paid to settle underlying tort action only if insured has agreed that insurer may commit insured's own funds to reasonable settlement with right later to seek reimbursement from insured or if insurer secures specific authority to reach particular settlement which insured agrees to pay; insurer may also notify insured of reasonable settlement offer and give insured opportunity to accept offer or assume its own defense. Medical Malpractice Joint Underwriting Ass'n of Massachusetts v. Goldberg (1997) 680 N.E.2d 1121, 425 Mass. 46. Insurance  3506(1)

Professional liability insurer that was defending psychiatrist under reservation of rights did not have right to reimbursement of settlement amount reached with tort-feasor without any notice to insured psychiatrist; insured had no opportunity to accept settlement or assume his own defense, particularly where, by time it settled, insurer was settling to protect its own interests, not interests of insured. Medical Malpractice Joint Underwriting Ass'n of Massachusetts v. Goldberg (1997) 680 N.E.2d 1121, 425 Mass. 46. Insurance  3506(1)