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UPTON'S CASE

No. 12-P-325.

84 Mass. App. Ct. 411 (2013)

JOSEPH UPTON'S CASE.

Appeals Court of Massachusetts, Suffolk.

October 18, 2013.

Attorney(s) appearing for the Case

Timothy J. Casey, Assistant Attorney General, for the employer.

Michael C. Akashian for the employee.

Present: TRAINOR, KATZMANN, & SIKORA, JJ.

SIKORA, J.

An employee is not entitled to workers' compensation benefits for an "emotional disability arising principally out of a bona fide, personnel action." G. L. c. 152, § 1(7A), as inserted by St. 1986, c. 662, § 6. At issue in this case is whether a workplace investigatory interview causing employee Joseph Upton's emotional disability constituted a bona fide personnel action within the meaning of § 1(7A) of the Workers' Compensation Act (Act...

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