Legal Opinion

Faria v. Portuguese Am. Civil League of Lowell

Massachusetts Appeals Court

Decided April 13, 2018No. 17–P–932PublishedCited by 2 opinions

1Opinion of the Court

At issue in this appeal is whether the exclusivity provision in the Workers' Compensation Act (Act), G. L. c. 152, § 23, bars the plaintiff's negligence claim. We conclude that it does and, therefore, affirm the judgment entered by a Superior Court judge dismissing the plaintiff's complaint.

The plaintiff, Jose Faria, claims that he was hired as an independent contractor in his profession as a chef by the defendant, The Portuguese American Civil League of Lowell (the League). On January 27, 2015, Faria was entering the League's function hall when he slipped and fell on an accumulation of ice,…

2Cases cited7 opinions

  1. Foley v. Polaroid Corp.Massachusetts Supreme Judicial Court · 1980
  2. Polay v. McMahonMassachusetts Supreme Judicial Court · 2014
  3. Maxwell v. AIG Domestic Claims, Inc.Massachusetts Supreme Judicial Court · 2011
  4. Wentworth v. HENRY C. BECKER CUSTOM BUILDING LTD.Massachusetts Supreme Judicial Court · 2011
  5. Kniskern v. MelkonianMassachusetts Appeals Court · 2007

2 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Pajak v. Rohm & Haas Co.District Court, District of Columbia · 2019
  2. Pajak v. Rohm & Haas CompanyDistrict Court, D. Massachusetts · 2019

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