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Appeals court hears dispute over waiver and alternate‑employer immunity in Rosa workplace‑injury case
Summary
The Massachusetts Appeals Court panel heard argument in 24P0540 over whether an alternate‑employer endorsement and a worker’s signed waiver bar a temp worker’s tort claim after a workplace injury; attorneys debated the scope of Molina and whether the superior court’s summary‑judgment allowance is the only issue before this court.
A three‑judge panel of the Massachusetts Appeals Court heard oral argument in 24P0540, Alexander Santiago Rosa v. Affordable Interior Systems, over whether an alternate‑employer endorsement in an insurance policy and a signed waiver bar a temporary employee’s tort suit after a workplace injury.
The dispute centers on whether the trial judge properly allowed summary judgment for the employer after discovery and whether two separate legal defenses—statutory exclusivity under the workers’ compensation scheme and a separate private waiver—both must be found to block the plaintiff’s negligence claim.
Attorney George Leahy, for Alexander Santiago Rosa, told the panel the case returns after an earlier procedural reversal and that the superior court…
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