Merchants Insurance Group v. Spicer, et al. (Lawyers Weekly No. 11-134-15)
Insurance company must exhaust administrative remedies before seeking rescission of workers' compensation policy in Superior Court while employee's claim is pending at DIA.
Appeals Court Opinions
Doe, et al. v. Boston Medical Center Corporation (Lawyers Weekly No. 11-133-15)
Hospital liable for assault by interpreter when employment facilitated harmful access to vulnerable patient; foreseeability assessed from employment duties, not prior conduct.
Commonwealth v. Mejia (Lawyers Weekly No. 11-132-15)
Defendant convicted of assault and battery under joint venture theory for shooting incident. Affirmed despite weak link between defendant and murder weapon; defendant forfeited objection by stating no objection at trial.
Commonwealth v. Cruz (Lawyers Weekly No. 11-131-15)
Convictions affirmed for caregiver whose elderly mother died of sepsis from neglected decubitus ulcers. Evidence of recklessness and non-duplicative convictions under two elder abuse statutes upheld.
Navy Yard Four Associates, LLC v. Department of Environmental Protection, et al. (Lawyers Weekly No. 11-130-15)
Public tidelands classification survives transfer to private ownership absent legislative action. Department's interpretation of Commonwealth tidelands regulations upheld.
Commonwealth v. Doty (Lawyers Weekly No. 11-129-15)
Single buyer-seller drug transaction insufficient to prove conspiracy to distribute cocaine; agreement to sell to third parties required.
Lumbermens Mutual Casualty Company v. Workers’ Compensation Trust Fund (Lawyers Weekly No. 11-128-15)
Insurer in liquidation sought reimbursement for second injury benefits. Trust fund refused payment after run-off period began. Primary jurisdiction doctrine required administrative determination of statutory interpretation.
The Home Insurance Company v. Workers’ Compensation Trust Fund (Lawyers Weekly No. 11-127-15)
Insurer in liquidation cannot claim COLA reimbursements without having collected and transmitted required employer assessments to the workers' compensation trust fund.
Molina v. State Garden, Inc. (Lawyers Weekly No. 11-126-15)
Temporary worker sued client company for negligence despite receiving workers' compensation benefits. Alternate employer endorsement naming client as additional insured in staffing company's policy provides immunity under Workers' Compensation Act exclusivity provisions.
Commonwealth v. Hampton (Lawyers Weekly No. 11-125-15)
Ineffective assistance claim for failure to investigate and interview corroborating witness to self-defense claim. Credibility of such witness properly belongs to jury, not trial judge.