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
Original Source: https://www.courtlistener.com/opinion/7177389/bermudez-v-dielectrics-inc/ ↗

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The word "afford" is not defined in G. L. c. 152. Looking to the dictionary definition of this word, however, is beneficial to our analysis. See Oxford v. Oxford Water Co., 391 Mass. 581, 587, 463 N.E.2d 330 (1984), quoting Commonwealth v. Zone Book, Inc., 372 Mass. 366, 369, 361 N.E.2d 1239 (1977) ("When words are not defined in a statute we should 'derive the words' usual and accepted meanings from sources presumably known to the statute's enactors, such as their use in other legal contexts and dictionary definitions' "). "Afford" means to carry out, to give, to furnish, or to offer. Webster's Third New International Dictionary 36 (2002). In comparison, "create" is "to bring into existence," or "to make or bring into existence something new." Id. at 532. It is clear that the act did not create, or bring into existence, the right to sue a third party in tort; the act does, however, afford the right to do so by specifically allowing an employee to initiate a third-party action in addition to receiving benefits through workers' compensation. See Nichols's Case, 217 Mass. 3, 5, 104 N.E. 566 (1914) ("plain words are given their ordinary signification"). See also West's Case, 313 Mass. 146, 149, 46 N.E.2d 760 (1943) ("We are bound to interpret a statute as it is written").

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