DaLUZ v. DEPARTMENT OF CORRECTION


434 Mass. 40 (2001)

JOSEPH D. DALUZ, JR. v. DEPARTMENT OF CORRECTION (and a companion case).

Supreme Judicial Court of Massachusetts, Barnstable.

April 25, 2001.


Attorney(s) appearing for the Case

Edward J. DeAngelo, Assistant Attorney General, for Department of Correction.

Paul J. Adams (Daniel F. Clifford, Jr., with him) for the plaintiffs.

Matthew E. Dwyer & Joseph S. Fair for Massachusetts Correction Officers Federated Union, amicus curiae, submitted a brief.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.


COWIN, J.

We decide two issues in this appeal: (1) whether the doctrine of claim preclusion bars subsequent court proceedings after judicial confirmation of an arbitrator's ruling on the subject of assault pay benefits; and (2) the proper calculation of assault pay benefits due certain partially disabled employees of the Commonwealth. The plaintiffs, two members of the Massachusetts Correction Officers Federated Union (union...

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