Re: Boston.com - Allen's family sues contractors -- CROSSPORTS: Holy Cross Crusaders Sports Message Board

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Date Posted: 10:42:47 07/10/04 Sat
Author: NTKHC64
Subject: Re: Boston.com - Allen's family sues contractors
In reply to: DamnRam 's message, "Boston.com - Allen's family sues contractors" on 19:01:02 07/09/04 Fri

I do not know specific Massachusetts law but the general law in many jurisdictions is that absent what amounts to an intent to injure on the part of the employer, workers' compensation provides the exclusive remedy for an injured employee vis a vis the employer. In my experience the WC bar also works as a bar to impleading the employer as a joint tortfeasor for contribution or common law indemnification. I feel it is highly unlikely that HC would've entered a contract that provided for its indemnifying the contractors. There will be no action against the College.

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[> [> Re: Boston.com - Allen's family sues contractors -- Sader81, 14:02:54 07/10/04 Sat

HC may become an additional party plaintiff. If they had paid Allen any worker's compensation benefits, they are probably entitled to reimbursement up to the amount they paid, from any party that is found to be liable.

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[> [> [> Re: Boston.com - Allen's family sues contractors -- timholycross, 20:05:39 07/10/04 Sat

Yes, I was thinking the same thing, because HC stands to sustain losses due to the alleged negligence of the contractor.

Plus, it's probably written somewhere in the contract that HC signed with the contractor as to what the contractor's liabilites would be, at least in some general fashion.

It disturbs me that the Allen family did not have an autopsy performed, and it wouldn't surprise me if it were (not) done at the recommendation their attorneys.

The way I look at it is that I'd want to know definitively what killed him because there's the distinct possibility that chemicals were not the only cause. What if it were something that could in some way affect his children?

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[> [> [> Re: Boston.com - Allen's family sues contractors -- NTKHC64, 09:29:27 07/11/04 Sun

WC carrier (or HC if self-insured) normally has lien on proceeds of third party action, i.e., Allen vs. contractors. Also remember that this action was filed before Allen's death and so either it has to be amended or another action filed and possibly consolidated for wrongful death, depending on MA. law. As for recovery against employer in death/serious injury cases I'd have to check MA law.

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[> [> Re: Boston.com - Allen's family sues contractors -- Sader98, 19:52:43 07/10/04 Sat

Not sure if it differs from state to state, but if I am not mistaken the employer CAN be sued in cases of death or grave injury (limited to specifically listed injuries such as loss of eye, limb, multiple fingers or toes, etc).

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