Home Depot v. Kardas
Massachusetts Appeals Court
1Opinion of the CourtWolohojian, J.
Home Depot brought an action, pursuant to G. L. c. 152, § 12, against John Kardas (a former employee), seeking to enforce what it deems a recoupment order issued by *28an administrative judge of the Department of Industrial Accidents (DIA). A Superior Court judge granted judgment on the pleadings in favor of Home Depot, Mass.R.Civ.P. 12(c), 365 Mass. 754 (1974), and Kardas now appeals. We conclude that there was no recoupment order issued by the DIA that could be enforced by way of G. L. c. 152, § 12, and, accordingly, reverse.
“The effect of a motion for judgment on the pleadings is ‘to…
2Cases cited9 opinions
- Jarosz v. PalmerMassachusetts Supreme Judicial Court · 2002
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- Wheatley v. Massachusetts Insurers Insolvency FundMassachusetts Supreme Judicial Court · 2010
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- Town of Burlington v. District Attorney for the Northern DistrictMassachusetts Supreme Judicial Court · 1980
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