TODINO v. TOWN OF WELLFLEET


448 Mass. 234 (2007)

TERESA TODINO vs. TOWN OF WELLFLEET & another.

Supreme Judicial Court of Massachusetts, Barnstable.

January 17, 2007.


Attorney(s) appearing for the Case

Albert R. Mason for the defendants.

Peter L. Freeman for the plaintiff.

The following submitted briefs for amici curiae:

Patrick N. Bryant for Boston Police Patrolmen's Association.

Thomas F. Reilly, Attorney General, & Peter Sacks, Assistant Attorney General, for the Commonwealth.

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


COWIN, J.

We consider whether an incapacitated police officer, injured on duty through no fault of her own, is entitled to interest on back compensation owed to her by her municipal employer. See G. L. c. 41, § 111F. After a bench trial in the Superior Court, the judge ordered back compensation, but denied interest on the back pay on the ground of sovereign immunity. By means of § 111F, the Legislature provided...

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