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UPTON'S CASE

No. 12-P-325.

84 Mass. App. Ct. 411 (2013)

JOSEPH UPTON'S CASE.

Appeals Court of Massachusetts, Suffolk.

October 18, 2013.

Attorney(s) appearing for the Case

Timothy J. Casey , Assistant Attorney General, for the employer.

Michael C. Akashian for the employee.

Present: TRAINOR, KATZMANN, & SIKORA, JJ.

SIKORA, J.

An employee is not entitled to workers' compensation benefits for an "emotional disability arising principally out of a bona fide, personnel action." G. L. c. 152, § 1(7A), as inserted by St. 1986, c. 662, § 6. At issue in this case is whether a workplace investigatory interview causing employee Joseph Upton's emotional disability constituted a bona fide personnel action within the meaning of § 1(7A) of the Workers' Compensation Act (Act...

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