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DAKIN v. OSI RESTAURANT PARTNERS, LLC

No. 20-P-819.

100 Mass. App. Ct. 92 (2021)

JAMES Z. DAKIN v. OSI RESTAURANT PARTNERS, LLC, & others.

Appeals Court of Massachusetts, Plymouth.

August 2, 2021.

Attorney(s) appearing for the Case

Scott E. Charnas for the plaintiff.

Christopher A. Callanan for OSI Restaurant Partners, LLC, & another.

Present: Green, C.J., Blake, & Kinder, JJ.

The Massachusetts Workers' Compensation Act (act) provides that the acceptance of workers' compensation benefits by an injured worker is deemed a release of any and all claims the employee might have against the employer. See G. L. c. 152, §§ 1, 23. This, however, does not prohibit an injured worker from

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