Kniskern v. Melkonian

The issues presented in the instant case concern the scope of G. L. c. 152, § 23, the exclusivity provision in the Workers’ Compensation Act (Act). After injuring his shoulder, the plaintiff, Leonard Kniskem, negotiated a workers’ compensa*462tian lump sum settlement agreement. The agreement included language that purported to reserve his right to pursue a pending tort claim against the same insured party for the same injury. When the defendant, Kevin Melkonian, doing business as M & M Contractors (Melkonian) — the employer in the workers’ compensation case — did not file an answer in the tort…