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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

761 chars
*496Without the 1971 amendment to G. L. c. 152, § 15, Bermudez likely would not be able to sue the defendant for her injury because she already collected workers' compensation from Career Group. See Searcy v. Paul, 20 Mass. App. Ct. 134, 139, 478 N.E.2d 1275 (1985) ("We apply the 1971 amendment as meaning just what it says, and as allowing a corporation's employee to bring actions for negligence against third parties"). That is, without the specific language in § 15, allowing an employee "without election" to the "other benefits provided under this chapter," Bermudez would not be afforded the right to bring her negligence claim against the defendant. Section 15, and not the common law, does indeed afford, give, and furnish Bermudez the right to do so.