Holding that plaintiffs who promised bankruptcy court they would not seek recovery against debtor in excess of insurance coverage are judicially estopped from subsequently attempting to do so
In Neff v. Comm'r of the Dep't of Indus. Accidents, 653 N.E.2d 556, 558 (Mass. 1995), for example, the Massachusetts Supreme Judicial Court considered its own workers' compensation scheme that required claimants to pay a fee as a jurisdictional prerequisite before they could challenge adverse decisions at an evidentiary hearing.
Mass. Gen. Laws ch. 149 § 150 Cited 306 times 10 Legal Analyses
Stating that "[a]n employee so aggrieved who prevails in such an action shall be awarded treble damages, as liquidated damages, for any lost wages and other benefits"
Mass. Gen. Laws ch. 149 § 148B Cited 174 times 33 Legal Analyses
Specifying types of services considered to be not those performed by an employee and noting that an employer's failure to make withholdings or payments that would be required for an employee "shall not be considered in making a determination" as to a person's employee status