Massachusetts General Laws

Mass. Gen. Laws ch. 152, § 28 (2026)

Willful misconduct of employer; defense; reimbursement of insurer; employment of minor; persons with intellectual disabilities; injuries at sheltered workshops

✓ current as of July 2026

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Section 28. If the employee is injured by reason of the serious and wilful misconduct of an employer or of any person regularly intrusted with and exercising the powers of superintendence, the amounts of compensation hereinafter provided shall be doubled. In case the employer is insured, he shall repay to the insurer the extra compensation paid to the employee. If a claim is made under this section, and the employer is insured, the employer may appear and defend against such claim only. The employment of any minor, known to be such, in violation of any provision of sections sixty to seventy-four, inclusive, or of section one hundred and four of chapter one hundred and forty-nine shall constitute serious and wilful misconduct under this section.

As used in this section the term ''minor'' shall include mentally retarded persons eighteen years of age or older unless:

(1) the employment takes place in a sheltered workshop which holds either a license from the department of developmental services or accreditation from the commission on accreditation of rehabilitation facilities; and

(2) a professional vocational specialist evaluates the employee at the employment site, for the specific job performed and such evaluation determines in writing that the employee is appropriate for and capable of such employment; and

(3) the employee has agreed in writing to the written rehabilitation plan or to an accurate verbal description of such written plan.

The division of administration shall keep statistical records on injuries that occur at sheltered workshops. If there appears to be a pattern of such injuries at a particular sheltered workshop, the office of claims administration shall notify the department of developmental services and such department shall take whatever action it deems appropriate.

Notes of Decisions

Cited in 48 cases (1 in the last 5 years), 1922–2022 · leading case: Foley v. Polaroid Corp., 413 N.E.2d 711 (Mass. 1980).

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Foley v. Polaroid Corp., 413 N.E.2d 711 (Mass. 1980). · cites it 2× “See G.L.c. 152, § 28. However, an injury is not compensable under the act simply because it results from the wilful acts of an employer.”

CNA Ins. Companies v. Sliski, 744 N.E.2d 634 (Mass. 2001). · cites it 5× “In this declaratory judgment action, CNA Insurance Companies (CNA) seeks to establish that it is not responsible to an injured worker for payment of double compensation under G. L. c. 152, § 28, of the workers’ compensation act (act) for the alleged serious and wilful misconduct…”

Decker v. Black & Decker Mfg. Co., 389 Mass. 35 (Mass. 1983). · cites it 2× “The plaintiff received double compensation pursuant to the workmen’s compensation statute, G. L. c. 152, § 28, upon a finding by the Industrial Accident Board of “serious and wilful misconduct of [the] employer.”

Green v. Wyman-Gordon Co., 12 I.E.R. Cas. (BNA) 333 (Mass. 1996). “We observe that G. L. c. 152, § 28 (1994 ed.), provides for double recovery under the workers’ compensation act in cases of injuries resulting from intentional acts.”

Brown v. Leighton, 434 N.E.2d 176 (Mass. 1982). · cites it 2× “G.L.c. 152, § 28. See Boardman's Case, 365 Mass.”

Est. of Moulton v. Puopolo, 5 N.E.3d 908 (Mass. 2014). “Given the foregoing, we conclude that the director defendants were Moulton’s employer for purposes of the exclusivity provision of the act.”

Moss's Case, 889 N.E.2d 43 (Mass. 2008). · cites it 2× “In this case, we examine the interaction between § 7A and G. L. c. 152, § 28 (§ 28), which provides for double compensation when an employee’s injury results from the “serious and wilful misconduct” of an employer or supervisor.”

Carey's Case, 850 N.E.2d 610 (Mass. App. Ct. 2006). · cites it 6× “152, §§ 31 and 32, as well as their claim for compensation under G. L. c. 152, § 28. The claimants appealed to the reviewing board pursuant to G.”

O'Leary's Case, 324 N.E.2d 380 (Mass. 1975). · cites it 5× “O’Leary, an employee, from a final decree of the Superior Court denying his claim for a doubling of workmen’s compensation benefits under G. L. c. 152, § 28. 1 A single *110 member of the Industrial Accident Board, after hearing, ordered that compensation be paid for periods of…”

Thayer's Case, 185 N.E.2d 292 (Mass. 1962). · cites it 3× “The employee (Thayer) appeals from a final decree dismissing his claim for double compensation under G. L. c. 152, § 28, as amended through St.”

Gagnard v. Baldridge, 612 So. 2d 732 (La. 1993). “§ 97-12 (10% increase for employer's willful failure to comply with statute or order of the Commission, 10% decrease for employee's willful failure to comply with regulation or order of the employer); Mass.Gen. Laws Ann. ch. 152 § 28 (100% increase for willful misconduct of the…”

Memmolo's Case, 458 N.E.2d 1204 (Mass. App. Ct. 1984). · cites it 3× “He was severely injured and sought *408 double compensation benefits under G. L. c. 152, § 28. 1 A single member of the Industrial Accident Board, whose findings were affirmed and adopted by the reviewing board (board), found that the employer, Bond Brothers, Inc.”

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