WENTWORTH v. HENRY C. BECKER CUSTOM BUILDING LTD.

SJC-10806.

459 Mass. 768 (2011)

CHERYL D. WENTWORTH, administratrix and guardian, v. HENRY C. BECKER CUSTOM BUILDING LTD.

Supreme Judicial Court of Massachusetts. Essex.

May 23, 2011.


Attorney(s) appearing for the Case

Edward F. Whitesell, Jr. , for the defendant.

John C. Fraser for the plaintiff.

Kimberly E. Winter , Thomas M. Bond , Thomas R. Murphy , J. Michael Conley & John J. Morrissey for Massachusetts Academy of Trial Attorneys, amicus curiae, submitted a brief.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, & GANTS, JJ.


IRELAND, C.J.

We granted the defendant's application for further appellate review in order to determine whether, pursuant to G. L. c. 152, § 23, a general contractor that pays workers' compensation benefits to an employee of an uninsured subcontractor, is immune from liability for common-law claims the employee may have against that general contractor. A Superior Court judge concluded that § 23 provided the defendant such immunity from wrongful death and...

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