In a concise opinion, the Massachusetts Appeals Court confirmed a lower court ruling regarding a wrongful termination following the commencement of a legal action related to a compensable workers’ compensation claim.
At issue in Santarpia v. Senior Residential Care, Mass. App. Ct. (2014), was an employee’s allegation that she was wrongfully terminated in contravention of public policy as retaliation for pursuing compensation following an at-work injury.
The plaintiff, a nurse, slipped and fell on some water that was leaking from a ceiling where she worked. Following the accident, she filed a workers’ compensation claim and received benefits. Two years later, she contacted an attorney regarding the case and was referred to a third attorney.