Court to weigh right of parents to sue employer
The Supreme Judicial Court is slated to decide whether the parents of a murdered high school senior have the right to file a wrongful-death lawsuit against the pharmacy where their son worked as a part-time clerk.
In Saab, et al. v. CVS Pharmacy (SJC No. 10193), the SJC will determine if a lower court judge properly held that the exclusivity provision of the Workers' Compensation Act prevented the Superior Court from accepting subject matter jurisdiction.
Tamara L. Ricciardone, the author of "Workers' Compensation in Massachusetts," said a ruling against CVS would be "incredibly significant."
"If the court decides in favor of the parents, it would mean that any family member who is not financially dependent on the employee can step in and sue," said Ricciardone, who is not involved in the suit.
"This case will turn on the court's interpretation of who is ‘an employee' under the statute, and whether financial dependence is the distinguishing characteristic that prevents an employee's family member from suing an employer outside of the workers' compensation statute."
While the law is not as clear with respect to financially independent parents, Ricciardone, a lawyer at Smith & Duggan in Lincoln, said an injured employee would certainly be barred from filing suit.
"The only way an employee can waive their right to benefits is if they to do it at the time they are hired," she said. "If they don't waive their right immediately, they can't later turn around and say, ‘I don't want them. I'm going to sue you.'"
But where the murder happened during the teen's shift, William J. Dailey Jr. of Sloane & Walsh in Boston, who represents defendant CVS, wrote that the workers' compensation statute precludes the family from bringing a wrongful-death action against the employer.