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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

579 chars
*932Wentworth v. Henry C. Becker Custom Bldg. Ltd., 459 Mass. 768, 771, 947 N.E.2d 571 (2011), quoting Correia v. Firestone Tire & Rubber Co., 388 Mass. 342, 351 & n.9, 446 N.E.2d 1033 (1983). Prior to this amendment, it was an "unfair ... requirement" to have an employee elect between her remedies. Taylor, 34 Mass. App. Ct. at 406 n.5, 612 N.E.2d 254. Similarly, it would be unfair today to allow an employee to file both a workers' compensation claim and a third-party action, yet only prevent the employer from terminating an employee for filing one claim but not the other.