Molina v. State Garden, Inc. (Lawyers Weekly No. 11-126-15)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us 14-P-676 Appeals Court ANTONIO PEREZ MOLINA vs. STATE GARDEN, INC. No. 14-P-676. Suffolk. December 10, 2014. – September 3, 2015. Present: Katzmann, Hanlon, & Maldonado, JJ. Practice, Civil, Summary judgment. Workers’ Compensation Act, Action against third person, Identity of employer, Exclusivity provision. Waiver. Insurance, Waiver. Release. Civil action commenced in the Superior Court Department on October 17, 2011. The case was heard by Robert B. Gordon, J., on a motion for summary judgment. Mark S. Horrigan for the plaintiff. Martha J. Zackin for the defendant. John Pagliaro & Martin J. Newhouse, for New England Legal Foundation & another, amici curiae, submitted a brief. KATZMANN, J. This appeal presents the question whether the “alternate employer endorsement” to a staffing company’s workers’ compensation insurance policy satisfies the requirements of G. L. c. 152, §§ 15 and 18, such that an injured employee’s employer, a customer of the staffing company and named in the endorsement, is immune from tort liability under the Workers’ Compensation Act (Act). We answer that question in the affirmative. The plaintiff, Antonio Perez Molina (Molina or employee), was injured while providing services on assignment from American Resource Staffing Network, Inc. (ARS), to State Garden, Inc. (State Garden or defendant), and brought suit against State Garden for negligence. While his case was pending in the trial court, he was awarded workers’ compensation benefits on ARS’s policy, which named the defendant as an additional insured. A Superior Court judge allowed State Garden’s motion for summary judgment and dismissed Molina’s complaint on the ground that his claim was barred by the exclusivity provisions of the Act, G. L. c. 152, §§ 23-24.[1] Molina appeals. We affirm.[2] Background. ARS is a staffing company that provides temporary staffing to clients such as State Garden, a produce business. State Garden uses ARS employees to supplement its workforce. Molina was assigned to State Garden as a temporary worker at its processing facility in Chelsea, Massachusetts. On or about December 22, 2010, Molina sustained a low back injury in the course of his work for State Garden.[3] Molina’s injury was covered by the Act. He applied for and received benefits from A.I.M. Mutual Insurance Company, ARS’s workers’ compensation insurer. State Garden and ARS both acted as Molina’s employer, controlling different aspects of his employment. ARS was the “general employer,” to whom Molina applied for […]
Boston Garden Contest Accepting Entries Through July 12
The annual Boston Garden Contest is underway again this year, and is accepting entries through July 12. All Bostonians and business owners who have landscaped, planted flowers, trees, and shrubs. The contest was first introduced 17 years ago as a wa South End Patch News
Rose Garden Party in Back Bay Fens on Thursday
Coming up later this week in the Fenway neighborhood is the annual Rose Garden Party, a fundraiser for the city’s Parks and Recreation Department. The event will run from 5:30 to 8 p.m. at the Kelleher Rose Garden in the Back Bay Fens, featuring food and refreshments, musical entertainment, a silent auction, a live art demostration and a hat contest in the garden of more than 1,000 different types of roses. Frank Costantino and Paul McMahan will paint en plein air, and their “fresh paint” pieces will then be auctioned live. Other highlights of the auction include: A pair of roundtrip tickets on JetBlue for travel from Boston to any nonstop city An opera evening for two at the Shubert Theatre along with a pre-performance dinner and post-performance cast party at the Four Seasons A two-night stay with American breakfast at Taj Boston An exclusive behind-the-scenes tour of Franklin Park Zoo for up to six people A private skating party for a group of 100 at the historic Boston Common Frog Pond A weekend stay in the Presidential Suite at The Lenox Hotel with Saturday brunch, his and her in-room massages, dinner at the famed Top of The Hub restaurant, Sunday morning breakfast in bed, and a helicopter tour of Boston. There will also be a raffle for a 14-carat rose-gold pendant donated by DePrisco Diamond Jewelers and designed exclusively for the Rose Garden Party with a round full cut diamond center on an 18” rose-gold chain. All money raised at the event is contributed back towards hosing free events in the parks year round, according to the city, including concerts, arts and crafts for children, puppet shows, painting and photography workshops, children’s festivals, movie nights, and more. Tickets are on sale for $ 125 each. You can buy them online or by calling (617) 635-4032. Tickets are tax deductible. SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch
Week in Review: Drill at Biolab, South End Garden Tour
The following were the top articles on South End Patch from June 3 to June 7, 2013: Police: Fight on West Newton Leads to Drug Arrest Police responding to a fight in the South End arrested two men, one on drug charges and one for disturbing the peace. Police: Boston Schools Received Suspicious Letters Police said the letters contained “threatening and disturbing content,” but contained no dangerous substances. Tickets on Sale for South End Garden Tour This year’s tour will be held on June 15, 2013. Emergency Drill To Be Conducted at BU Biolab Officials from Boston University will be testing their emergency response safety and training programs on June 12 at the controversial Albany Street lab. New Public Art Unveiled at Animal Rescue League The new freestanding statue, “Dancing with Spheres,” was designed to instill a sense of kindness to animals, according to its artist. SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch
Tickets on Sale for South End Garden Tour
This year’s South End Garden Tour, featuring local art and neighborhood public and private gardens, will be held next Saturday, June 15, announced the South End Garden Society. The self-guided walk takes viewers through 20 gardens throughout the South End. This year’s tour encompasses the area from the Southwest Corridor to Tremont Street between Rutland Square and Dartmouth Street. In addition to private gardens, the tour will also feature Montgomery Park, a private urban oasis normally entered only by adjacent residents. Several artists will be on scene in the gardens, with their paintings up for sale at the ‘Artists In The Garden’ Reception, to be held at City Year Headquarters (287 Columbus Ave.) A tour ticket will get you into the reception. The tour runs from 10 a.m. to 4 p.m. and starts at the South End Branch of the Boston Public Library (685 Tremont St.). Tickets are $ 20 in advance; $ 25 day of event. Proceeds benefit the South End & Lower Roxbury Community Gardens through Boston Natural Areas Network, a nonprofit organization that protects community gardens and urban green spaces. You can buy a ticket here. SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch
Things to Know in the South End, June 5: Garden Tour Announced
1. Weather: The National Weather Service is predicting a sunny day, with a high near 75 degrees. 2. South End Garden Tour: The South End Garden Society has announced it will host its annual South End Garden Tour on Saturday, June 15, 2013. This year’s rain-or-shine, self-guided tour will kick off at the South End Branch of the Boston Public Library at 685 Tremont Street from 10 a.m. to 4:00 p.m. See here for more information. 3. Pride Singles Auction: Coming up on Thursday night at Club Cafe, (209 Columbus Ave.) Boston’s MaverickMen, Cole & Hunter are emceeing a special Pride bachelor & bachelorette auction presented by the Theatre Offensive. Bid to win a wonderful date with one (or two) sexy singles. All winners will receive a gift certificate. Tickets are $ 5 in advance, and $ 10 at the door. See here for more information. 4. Markey in Chinatown: OK, it’s not the South End, but it’s close. Congressman Edward Markey, and candidate for U.S. Senate, will be at the Boston Chinatown Neighborhood Center (38 Ash St.) on Friday from 5:30 to 7 p.m. as part of a ‘Community Conversations’ Speaker Series. The idea is to offer the community a chance to have conversations with some of the most prominent decision-makers in the state. See here for more information. 5. Cool thing of the week: We’re unveiling a new feature this week that’ll make both sellers and shoppers happy – yard sale listings! All you do is input where in the South End you’ll be holding your yard sale using this handy form, and on Thursday we’ll post a map with all the details. A perfect way to get the word out about your sale, and also to find a sale right in the neighborhood. Things you can do every day on South End Patch: Share your news with the rest of the community. Click here to add an announcement. Add your events to our events calendar. Click here to sign up for breaking news updates. Want up-to-the-minute news? Click here to follow us on Facebook or Twitter. Share your thoughts on your community in a blog. Click here to get started. South End Patch
Another Major Project Proposed for TD Garden Area
Just three months after the city approved a 38-story mixed-use development that will be connected to TD Garden, a second major project has been proposed in that area of Boston’s West End neighborhood, also with plans to connect to the arena. Developers Boston Properties Inc. and Delaware North Companies Inc., through the Boston Garden Development Corporation, filed a letter of intent this week with the Boston Redevelopment Authority seeking to construct a mix of retail and office space, hotel rooms and up to 500 residential units on about 2.8 acres of land at 80 Causeway Street. The proposal calls for a new entrance to the arena and MBTA station, up to 300,000 sq. ft. of multi-story retail space, 500 residential units (600,000 sq. ft.), 200 hotel rooms (200,000 sq. ft.) and 600,000 sq. ft. of commercial office space, as well as 800 parking spaces in a below-grade garage, according to a fact sheet submitted with the proposal. The developer is looking to break ground on the project as early as 2014, though the plans first will have to go through large project review with the BRA and other city agencies. The proposal is the second major project in the TD Garden area to come before the BRA within the past year—in February, the board approved plans for Nashua Street Residences, a 38-story apartment and retail tower. That development, proposed by AvalonBay Communities Inc., features 503 residential units and a two story “retail arcade” that will connect to TD Garden and North Station. Construction on this project is expected to begin later this year. The newest proposal seeks to redevelop the site of the former Boston Garden, which has been used for parking since the TD Garden opened in the 1990s, according to a Boston.com report. The building’s height is not mentioned in the documents filed with the BRA on Thursday, but Boston.com speculated that the new project could reach at least 400 feet, which would put it close to the Nashua Residences project at close to 40 stories. SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch
South Enders Celebrate Marriage Equality Anniversary at Public Garden
Dozens of local gay and lesbian couples gathered at the Boston Public Garden Thursday to celebrate the 9th anniversary of the law that gave them the right to marry in Massachusetts. The celebration, put on in partnership between Gay & Lesbian Advocates and Defenders (GLAD), the Respect for Marriage Coalition and Mayor Thomas Menino, ended with a group photo at a location popular for wedding photography. Michael Kelley and Ricardo Rodriguez of the South End were on hand Thursday. Kelley said that before marriage equality was in place, people referred to himself and Rodriguez as “friends, boyfriends, that friend, partner,” but that all changed when they were wed. “That is exactly the power of marriage,” Kelley said. “It’s been an extraordinary five years,” said Ellen Wade of Newton, who along with her wife, Maureen Brodoff, were one of the plaintiffs in the landmark case they won in 2003 that led to the adoption of marriage equality in the state. “It’s been exciting and inspiring, and we’re grateful to have played a small part in showing the country what marriage equality looks like,” Wade said, and in gesturing to the crowd, added, “it looks like us.” Bette Jo Green and Jo Ann Whitehead of Jamaica Plain have been together for over 32 years and both have battled cancer. But because of the Defense of Marriage Act, they worry about their financial future. “If Bette were to predecease me, I would not get the Social Security Spousal Benefits that other married couples are able to have,” Whitehead said. “We’re very hopeful the Supreme Court will strike down DOMA and there will be equality for all under the law.” Menino was unable to attend the ceremony, but in a statement read by Jullieanne Doherty from his office, he said it was an important anniversary for the city, state and nation. “Nine years ago was one of my proudest days as mayor of Boston,” Doherty read from Menino’s statement. South End Patch
South Enders Celebrate Marriage Equality Anniversary at Public Garden
Dozens of local gay and lesbian couples gathered at the Boston Public Garden Thursday to celebrate the 9th anniversary of the law that gave them the right to marry in Massachusetts. The celebration, put on in partnership between Gay & Lesbian Advocates and Defenders (GLAD), the Respect for Marriage Coalition and Mayor Thomas Menino, ended with a group photo at a location popular for wedding photography. Michael Kelley and Ricardo Rodriguez of the South End were on hand Thursday. Kelley said that before marriage equality was in place, people referred to himself and Rodriguez as “friends, boyfriends, that friend, partner,” but that all changed when they were wed. “That is exactly the power of marriage,” Kelley said. “It’s been an extraordinary five years,” said Ellen Wade of Newton, who along with her wife, Maureen Brodoff, were one of the plaintiffs in the landmark case they won in 2003 that led to the adoption of marriage equality in the state. “It’s been exciting and inspiring, and we’re grateful to have played a small part in showing the country what marriage equality looks like,” Wade said, and in gesturing to the crowd, added, “it looks like us.” Bette Jo Green and Jo Ann Whitehead of Jamaica Plain have been together for over 32 years and both have battled cancer. But because of the Defense of Marriage Act, they worry about their financial future. “If Bette were to predecease me, I would not get the Social Security Spousal Benefits that other married couples are able to have,” Whitehead said. “We’re very hopeful the Supreme Court will strike down DOMA and there will be equality for all under the law.” Menino was unable to attend the ceremony, but in a statement read by Jullieanne Doherty from his office, he said it was an important anniversary for the city, state and nation. “Nine years ago was one of my proudest days as mayor of Boston,” Doherty read from Menino’s statement. South End Patch