Ramirez v. Graham9/20/2005
Hampden.
February 17, 2005.
Present: Cypher, Kantrowitz, & Cowin, JJ.
Workers' Compensation Act, Action. Practice, Civil, Amendment, Motion to dismiss. Res Judicata.
Civil action commenced in the Springfield Division of the District Court Department on January 28, 1994.
After removal to the Superior Court Department, the case was tried before Thomas J. Curley, Jr., J., and motions to amend the judgment and for judgment notwithstanding the verdict were heard by him.
The plaintiff, Adan Garcia Ramirez, obtained a jury verdict in the Superior Court in the amount of $5,000 for the failure of the defendant, Steven L. Graham, the president of the plaintiff's former employer, JSE Corporation, to have in effect workers' compensation coverage at the time the plaintiff incurred a job-related injury. The defendant's motions for judgment notwithstanding the verdict and for amendment of the judgment were denied. The defendant appealed, asserting that (1) it was error to permit an amendment to the complaint that added him as a party more than six years after the filing by the plaintiff of a complaint against JSE Corporation and almost six years after that complaint had been dismissed with prejudice; (2) the plaintiff incurred no damages as a result of the absence of workers' compensation coverage because he received all of the workers' compensation benefits to which he was otherwise entitled from the Workers' Compensation Trust Fund (trust fund); and (3) in any event, the amount the plaintiff received from the trust fund should be treated as an offset against the amount of the verdict (which would reduce the plaintiff's recovery to zero). We agree that, in the circumstances of this case, leave to amend should not have been granted, and we accordingly reverse, and order that the second amended complaint be dismissed. Because the defendant prevails on the first ground of his appeal, we do not consider the remaining assertions of error.
1. Background
The facts and history of the proceeding are not disputed. The plaintiff alleged that, on January 28, 1991, while in the course of his employment with JSE Corporation, he slipped and fell on an unnatural accumulation of snow and ice at premises controlled by his employer, and was injured. The employer had permitted its workers' compensation coverage to lapse, and in fact ceased doing business shortly thereafter. On June 26, 1991, the plaintiff commenced an action in the Superior Court against JSE Corporation, alleging negligence generally (including the fact that the company had no workers' compensation coverage in place). On November 18, 1991, the complaint was dismissed pursuant to Mass.R.Civ.P. 33(a), 368 Mass. 905 (1976), for failure of the plaintiff to answer interrogatories.
The plaintiff's apparent lack of interest in the proceeding may have been attributable to the fact that he had filed a successful claim with the trust fund, and was receiving workers' compensation benefits from that source. He received benefits for temporary total incapacity (see G. L. c. 152, § 34) from April 11, 1991, to June 10, 1991, and for partial incapacity (see G. L. c. 152, § 35) from June 11, 1991, through November 22, 1991. On July 24, 1992, an administrative law judge of the Department of Industrial Accidents approved a lump sum settlement that redeemed the plaintiff's claims for future compensation. Total benefits paid to the plaintiff by the trust fund amounted to $16,566.74.
On January 28, 1994, the final day before expiration of the applicable statute of limitations, see G. L. c. 260, § 2A, the plaintiff filed in the District Court a virtually identical v
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