Legal Opinion

Rivera v. H. B. Smith Co.

Massachusetts Appeals Court

Decided May 12, 1989No. 88-P-118Published

1Opinion of the Court

A 1944 circular letter of the Department of Industrial Accidents directed the attention of all insurers and self-insurers “to the long standing rule of the [Industrial Accident] Board” that insurers “are required to mail or deliver the compensation due” under the workers’ compensation act “to the homes of employees1 . . . .”

Despite this rule of long standing, the employer in this case, H. B. Smith Company, Inc., required all employees, who were physically able, *1131to report to the employer to receive their compensation checks. The employee brought an action to require the employer to mail him…

2Cases cited4 opinions

  1. Skidmore v. Swift & Co.Supreme Court of the United States · 1944
  2. Tinkham v. Department of Public WelfareMassachusetts Appeals Court · 1981
  3. Pospisil's CaseMassachusetts Supreme Judicial Court · 1988
  4. Bernardo's CaseMassachusetts Appeals Court · 1987

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