Legal Opinion

Lopes's Case

Massachusetts Appeals Court

Decided May 7, 2009No. 08-P-1261PublishedCited by 2 opinions

1Opinion of the CourtGreen, J.

We are asked to interpret the provisions of G. L. c. 152, § 39, which addresses payment of worker’s compensation benefits in case of the death of the injured employee and, in particular, the insurer’s obligations to furnish legal services in connection with the appointment of a legal representative for the deceased employee. We conclude that an administrative judge in the Department of Industrial Accidents (department) erred in refusing a request by the employee’s sister, Theresa Lopes (Theresa), for an order directing the insurer, Zurich American Insurance, to furnish legal services in…

2Cases cited9 opinions

  1. In Re Civil Investigative Demand Addressed to Yankee Milk, Inc.Massachusetts Supreme Judicial Court · 1977
  2. McCarty's CaseMassachusetts Supreme Judicial Court · 2005
  3. Boone v. Commerce InsuranceMassachusetts Supreme Judicial Court · 2008
  4. Brek's CaseMassachusetts Supreme Judicial Court · 1956
  5. Whittaker's CaseMassachusetts Supreme Judicial Court · 1946

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3Cited by2 opinions

  1. Opare's CaseMassachusetts Appeals Court · 2010
  2. Findlay's CaseMassachusetts Appeals Court · 2010

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