Berger v. H.P. Hood, Inc.

At issue is whether the exclusivity provision of the Workers’ Compensation Act, G. L. c. 152, § 23 (1992 ed.), bars an employee’s claim against the owner and the insurer of the employer’s motor vehicles for underinsurance benefits (UM). 4 The plaintiff, Joanne E. Berger, asserts that her claim was not precluded by this provision because the claim sounds in contract rather than tort. She maintains that G. L. c. 152, § 23, applies only to common law tort claims. In the alternative, the plaintiff argues that only H.P. Hood, Inc. (Hood), the employer, should benefit from the immunity of G. L. c.…