Robidoux v. Muholland, No. 10-2031 (1st Cir. 2011)
Annotate this CaseThe worker is a Massachusetts resident, whose services were obtained through a temporary labor firm's offices in Massachusetts, and was injured while working for a construction company at the Newport Naval Station. The temporary firm, which maintains workers compensation insurance, filed a Rhode Island workers compensation claim on behalf of the worker, but without his knowledge. The worker received benefits for 17 weeks, then sought Massachusetts benefits. A Massachusetts administrative law judge ordered the Massachusetts insurance company to assume responsibility for future payments. The district court entered summary judgment, rejecting the worker's suit against the construction company and a co-worker. The First Circuit reversed and remanded. Applying Massachusetts choice-of-law rules, the court concluded that the states' laws conflict and that Massachusetts law applies because that state has a more significant connection to the parties and the occurrence. Massachusetts prohibits suits against direct employers only; Rhode Island prohibits suit against "special employers" who contract with a general employer for the worker's services. The immunity of co-employees derives from employer immunity and does not apply in this case.
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