Pena v. Geszpenc

On September 24, 1997, the plaintiff, Rene Pena (“Pena”), suffered a serious injury to his left hand while he was repairing a roof at an apartment building in Brighton, Massachusetts owned by the defendant, Leon Geszpenc (“Geszpenc”). Pena sought workers’ compensation benefits, claiming that he was employed by Geszpenc and injured in the course of his employment. Geszpenc, however, had failed to obtain workers’ compensation coverage, as required by G.L.c. 152, §25A. As a result, Pena applied for workers’ compensation benefits from the Workers’ Compensation Trust Fund (“the Trust Fund”), which…