Beverage v. Cumberland Farms Northern, Inc.

McKUSICK, Chief Justice.

In this tort action brought in the Superior Court (Cumberland County) against her employer for a work-related injury, the plaintiff employee attempts to avoid the exclusivity provisions of the Workers’ Compensation Act, 39 M.R.S.A. §§ 4, 28, by framing her complaint in terms of the so-called Employer’s Liability Law, id., §§ 141-148. The Superior Court rejected that attempt and, on the employee’s appeal, so do we.

On April 27, 1984, plaintiff Annie Beverage was working as a night clerk at the Yarmouth store of defendant Cumberland Farms Northern, Inc. When as a part of…