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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Bermudez v. Dielectrics, Inc., 113 N.E.3d 927 (2018)

Citation
Bermudez v. Dielectrics, Inc., 113 N.E.3d 927 (2018)
Parent Document
Bermudez v. Dielectrics, Inc., 113 N.E.3d 927 (2018)
Jurisdiction
Massachusetts (state)
Effective Date
2018-11-16

Full Text

1,067 chars
In 1991, § 15 was again amended through the workers' compensation reform act, whose purpose was to "cut costs, effect systemic repairs, and maintain a level of fair benefits for all injured workers" and to "put money in the hands of the injured worker or his dependents as soon as possible" (citation omitted). Figueiredo's Case, 49 Mass. App. Ct. 906, 907-908, 729 N.E.2d 1122 (2000). The language in the first sentence of the 1971 statute, abolishing the need for an election between remedies, remained the same for the 1991 statute. See St. 1991, c. 398, § 39. At the time of Bermudez's injury, an employee was entitled to pursue a third-party action against any person responsible for her injury after collecting benefits under the act. See G. L. c. 152, § 15 ("Where the injury for which compensation is payable was caused under circumstances creating a legal liability in some person other than the insured to pay damages in respect thereof, the employee shall be entitled, without election, to the compensation and other benefits provided under this chapter").