O'DEA v. J.A.L., INC.; AM. POLICYHOLDERS INS.

No. 90-P-1078.

30 Mass. App. Ct. 449 (1991)

569 N.E.2d 841

PATRICK J. O'DEA vs. J.A.L., INC.; AMERICAN POLICYHOLDERS INSURANCE COMPANY & others, third-party defendants.

Appeals Court of Massachusetts, Norfolk.

April 12, 1991.


Attorney(s) appearing for the Case

Barbara A.H. Smith (Joseph P. Flannery with her) for the plaintiff.

Stephen Moulton for J.A.L., Inc.

Frank W. Kilburn for American Policyholders Insurance Company.

Leo F. Roche, Jr., for Mahoney & Wright Insurance Agency, Inc., & another, amici curiae, submitted a brief.

Present: DREBEN, KASS, & LAURENCE, JJ.


DREBEN, J.

An employer required to maintain workers' compensation insurance who does not do so (or fails to become a licensed self-insurer), is liable in tort to an injured employee without proof of negligence. G.L.c. 152, §§ 66 & 67. LaClair v. Silberline Mfg. Co., 379 Mass. 21, 26 (1979). Thorson v. Mandell, 402 Mass. 744, 746 (1988). If the employer...

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