KELLY'S CASE


394 Mass. 684 (1985)

477 N.E.2d 582

HELEN J. KELLY'S CASE.

Supreme Judicial Court of Massachusetts, Suffolk.

May 6, 1985.


Attorney(s) appearing for the Case

Joseph F. Fidler, Jr. (Andrew P. Saltis with him) for the insurer.

Robert E. Keane for the employee.

Sanford A. Kowal & Emanuel Howard, for Associated Industries of Massachusetts, Inc., amicus curiae, submitted a brief.

Wayne S. Henderson, for New England Legal Foundation, amicus curiae, submitted a brief.

Paul F.X. Powers, for Alliance of American Insurers & another, amici curiae, submitted a brief.

Present: HENNESSEY, C.J., WILKINS, LIACOS, ABRAMS, NOLAN, LYNCH, & O'CONNOR, JJ.


O'CONNOR, J.

In this workers' compensation case, we hold that an employee who has an emotional breakdown as a result of being told that she will be laid off from one department and transferred to another one, has suffered a personal injury "arising out of and in the course of ... employment" within the meaning of G.L.c. 152, § 26.

This is the insurer's appeal from a judgment entered in the Superior Court, and...

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