Massachusetts Workers' Compensation Lawyer Blog
Do the parents of a murdered high school student have the right to file a wrongful death suit against their son’s part time employer when their son was killed during a shift? That’s the question that the Supreme Judicial Court is slated to examine on September 3.
In Saab, et al. v. CVS Pharmacy, the court will decide if a lower court judge made the proper decision that the exclusivity provision of the Workers’ Compensation Act prevents the Superior Court from accepting subject matter jurisdiction.
Christian Ribeiro Giambrone, a senior at Boston Latin Academy, was working part time at a CVS Pharmacy in Boston’s Longwood medical area. In February, 2004, Giambrone and the store manager confronted a thief outside the store. Giambrone bled to death after being stabbed in the neck. His killer was convicted of first-degree murder and sentenced to life in prison.
CVS paid the victim’s funeral bills, and in February, 2007, the family filed a wrongful death lawsuit in Suffolk Superior Court. CVS moved to dismiss the lawsuit, claiming that the workers’ compensation exclusivity clause mandates that all claims be brought before the Board of Industrial Accidents.
Court to weigh right of parents to sue employer, MassLawyersWeekly.com, August 25, 2008
If you have questions about workers’ compensation issues or wrongful death suits, then contact a Boston workers’ compensation attorney. We will discuss your legal options during a free consultation.
