McCarty's Case

(concurring, with whom Marshall, C.J., and Cordy, J., join). The present case requires us to interpret the meaning of the exception set forth in G. L. c. 152, § 1 (1), as amended through St. 1991, c. 398, § 13, which cross-references the provisions of G. L. c. 149, §§26 and 27. Today’s opinion holds that the meaning and scope of that cross-reference is a matter of “plain language” that is “clear and unambiguous.” Ante at 361, 364, 365, 367, 368. In my view, the language is anything but “plain,” “clear,” or “unambiguous,” and the interpretation given to that language today produces incongruous…