Opinion

Corrigan v. General Electric Co.

  • 406 Mass. 478
  • 548 N.E.2d 1238
  • 1990 Mass. LEXIS 48
Court
Massachusetts Supreme Judicial Court
Filed
Jan 18, 1990
Status
Published
Author
Wilkins
On the bench
Wilkins, Abrams, Nolan, Lynch, O'Connor, Greaney
Cited by
15 cases
Authority
More cited than 9.8%

“[t]he Legislature . . . has . . . nullified the Ferriter decision by preventing recovery for loss of consortium by spouses or children of employees subject to the *492 provisions of the Workers’ Compensation Act, [Mass. Gen. Laws] c. 152, § 24, as amended through St. 1985, c. 527, § 35”

How later courts described this case

  • “[t]he Legislature . . . has . . . nullified the Ferriter decision by preventing recovery for loss of consortium by spouses or children of employees subject to the *492 provisions of the Workers’ Compensation Act, [Mass. Gen. Laws] c. 152, § 24, as amended through St. 1985, c. 527, § 35”
  • Industrial Accident Board considered court of competent jurisdiction for collateral estoppel purposes concerning Workers’ Compensation claim
  • wife could not claim loss of consortium based on husband’s injury where Industrial Accident Board found husband had not sustained injury

Written by the judges who cited it.

The opinion

Wilkins, J.

(concurring). In Ferriter v. Daniel O’Connell’s Sons, 381 Mass. 507, 543 (1980) (Wilkins, J., dissenting), I disagreed with the view that a spouse of an injured worker had a common law claim against the employer for loss of consortium. The Legislature has since overruled the Ferriter decision on this point. See G. L. c. 152, § 24, as appearing in St. 1985, c. 572, § 35. Although (in order to achieve equal treatment) I accept the Ferriter rule for all persons as to events occurring before its legislative abrogation, I do not accept a Ferriter-like rule as to a spouse of *482 a worker who, it has previously been determined, did not have a compensable claim. I need not worry about issue preclusion. The spouse simply has no common law claim.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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