KNISKERN v. MELKONIAN

No. 06-P-552.

68 Mass. App. Ct. 461 (2007)

LEONARD KNISKERN vs. KEVIN MELKONIAN.

Appeals Court of Massachusetts, Middlesex.

March 13, 2007.


Attorney(s) appearing for the Case

J. Michael Conley for the plaintiff.

Michael L. Mahoney for the defendant.

Present: KAFKER, BROWN, & GREEN, JJ.


KAFKER, J.

The issues presented in the instant case concern the scope of G. L. c. 152, § 23, the exclusivity provision in the Workers' Compensation Act (Act). After injuring his shoulder, the plaintiff, Leonard Kniskern, negotiated a workers' compensation lump sum settlement agreement. The agreement included language that purported to reserve his right to pursue a pending tort claim against the same insured...

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