Madariaga's Case

The decedent Madariaga’s widow (the claimant) sought before the Industrial Accident Board (the board) benefits under G. L. c. 152, § 36A, based on injuries incurred by the decedent at work on June 27, 1981, when (during an early morning holdup at the restaurant where he worked) the decedent was shot between the eyes. His brain was severely damaged and he died about twelve hours later at a hospital. The decedent, when admitted to the hospital, “was alive and breathing.”

The business of the restaurant, known as Casa Romero, was incorporated as DuFour’s, Inc. The insurer promptly accepted the…