Massachusetts General Laws
Mass. Gen. Laws ch. 152, § 40 (2026)
Guardian or next friend exercising employee's rights
✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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Section 40. If an injured employee is mentally incompetent or is a minor when any right or privilege accrues to him, his guardian or next friend may in his behalf claim and exercise such right or privilege.
Notes of Decisions
Cited in 1
case, 2003–2003 · leading case: Bertocchi's Case, 791 N.E.2d 384 (Mass. App. Ct. 2003).
Bertocchi's Case, 791 N.E.2d 384 (Mass. App. Ct. 2003). “The only provision for the derivative exercise of an employee’s rights under the act is conferred *565 on the guardian or next friend of an employee pursuant to G. L. c. 152, § 40. To the extent that Bertocchi’s administrator relies on a common law “meeting of the minds”…”
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