Legal Opinion
Saab v. Massachusetts CVS Pharmacy, LLC
Massachusetts Supreme Judicial Court
Decided November 13, 2008PublishedCited by 16 opinions
1Opinion of the CourtMarshall, C.J.
We consider in this case whether an exclusivity provision of the Workers’ Compensation Act (act), G. L. *565c. 152, § 24 (§ 24),3 bars an employee’s parents from bringing a wrongful death claim against his employer where the employee is injured at work but no workers’ compensation payments are paid for the injury. Here, the employee, Cristian Ribeiro Giambrone, who had no dependents, died almost immediately. Accordingly, no benefits were paid under the workers’ compensation statutory scheme. See G. L. c. 152, § 31 (benefits payable to employee’s dependents on death of employee).4
Giambrone’s…
2Cases cited26 opinions
- New York Central Railroad Company v. WhiteSupreme Court of the United States · 1916
- Ferriter v. Daniel O'Connell's Sons, Inc.Massachusetts Supreme Judicial Court · 1980
- Madden's CaseMassachusetts Supreme Judicial Court · 1916
- Green v. Wyman-Gordon Co.Massachusetts Supreme Judicial Court · 1996
- Foley v. Polaroid Corp.Massachusetts Supreme Judicial Court · 1980
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3Cited by16 opinions
- Awuah v. Coverall North America, Inc.Massachusetts Supreme Judicial Court · 2011
- Estate of Moulton v. PuopoloMassachusetts Supreme Judicial Court · 2014
- Maxwell v. AIG Domestic Claims, Inc.Massachusetts Supreme Judicial Court · 2011
- Molina v. State Garden, Inc.Massachusetts Appeals Court · 2015
- Roberts v. Delta Air Lines, Inc.Court of Appeals for the First Circuit · 2010
11 more not listed; retrieve them via the Exa API.