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SAAB v. MASSACHUSETTS CVS PHARMACY, LLC.

SJC-10193

452 Mass. 564 (2008)

TACIANA RIBEIRO SAAB & another v. MASSACHUSETTS CVS PHARMACY, LLC.

Supreme Judicial Court of Massachusetts, Suffolk.

November 13, 2008.

Attorney(s) appearing for the Case

Richard P. Campbell (Christopher A. Callanan with him) for the plaintiffs.

William J. Dailey, Jr. (Myles W. McDonough with him) for the defendant.

John Pagliaro, Martin J. Newhouse, & Jo Anne Shotwell Kaplan, for New England Legal Foundation & another, amici curiae, submitted a brief.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, CORDY, & BOTSFORD, JJ.

MARSHALL, C.J.

We consider in this case whether an exclusivity provision of the Workers' Compensation Act (act), G. L. c. 152, § 24 (§ 24),3 bars an employee's parents from bringing a wrongful death claim against his employer where the employee is injured at work but no workers' compensation payments are paid for the injury. Here, the employee, Cristian Ribeiro Giambrone, who had no...

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