Gonzales's Case

The employee, a native of Puerto Rico, was killed in an industrial accident in Massachusetts on August 25,1969. He was survived by two adult children from his first marriage who were living in Massachusetts, and by six minor children and their mother, the claimant-widow, who were then living in Puerto Rico. The question is whether the widow made an election binding on her and the minor children under G. L. c. 152, § 15, as in effect prior to amendment by St. 1971, c. 888, § 1, to pursue third-party rights in lieu of accepting benefits under c. 152, § 31. The single member found that an…