Carey’s Case
Massachusetts Appeals Court
66 Mass. App. Ct. 749, 850 N.E.2d 610 (2006)
- Written by Jenny Perry, JD
Facts
Adam Carey (plaintiff) died at the age of 16 in September 2000 while operating a golf cart in the course of his part-time employment at the Kernwood Country Club (club) (defendant). Adam’s parents (Careys), with whom Adam lived until his death, filed a claim for dependency benefits. The Careys argued that they were entitled to double benefits because the club committed willful misconduct by requiring Adam to operate a motor vehicle in violation of statute. An administrative-law judge (ALJ) determined that the club had not required Adam to operate a motor vehicle as defined in the statute because the golf cart was used only on the club’s private property. The ALJ awarded weekly compensation until the date Adam would have turned 18, concluding that to receive compensation beyond that date, the Careys had to establish continuing dependency. The Careys appealed, and a review board partially reversed. A single judge of the appellate court reinstated the ALJ’s ruling, and both parties appealed.
Rule of Law
Issue
Holding and Reasoning (Brown, J.)
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