Russell v. Boston Wyman, Inc.

• Citation: 574 N.E.2d 379,410 Mass. 1005
• Parties: William RUSSELL v. BOSTON WYMAN, INC.
• Decision Date: 09 July 1991
• Court: United States State Supreme Judicial Court of Massachusetts

Page 379

574 N.E.2d 379

410 Mass. 1005

William RUSSELL v. BOSTON WYMAN, INC.

Supreme Judicial Court of Massachusetts Plymouth.

Argued April 3, 1991.

Decided July 9, 1991.

Thomas J. Canavan, for plaintiff.

Faith D. Segal, Natick, for defendant.

Before LIACOS, C.J., and ABRAMS, NOLAN, LYNCH and GREANEY, JJ.

RESCRIPT.

The plaintiff appeals from the allowance of the defendant's motion for summary judgment dismissing the plaintiff's claim for the loss of his wife's society, consortium, companionship, and services. It is not disputed that the plaintiff's wife was an employee of the defendant, Boston Wyman, Inc., that she claimed and collected workers' compensation benefits under G.L. c. 152 (1990 ed.), for an injury arising out of that employment, and that she did not preserve her rights at common law by giving notice to her employer as required by that statute. The trial judge dismissed the plaintiff's claim on the ground that the "exclusive remedy" provision of the workers' compensation statute, G.L. c. 152, § 24, as amended through St.1985, c. 527, § 35, bars any common law claim against the employer by the spouse of an employee who has collected benefits under the statute. The plaintiff appealed, and we transferred the case to this court on our own motion.

Section 24 of G.L. c. 152, provides, in relevant part, that, when an employee has not preserved his or her rights at common law, "the employee's spouse, children, parents and any other member of the employee's family or next of kin who is wholly or partly dependent upon the earnings of such employee at the time of injury or death, shall also be held to have waived any right of action at common law against such employer for damage due to loss of consortium, parental guidance, companionship or the like " (emphasis added). The plaintiff is neither wholly nor partly dependent upon the earnings of his wife. He argues that the phrase "who is wholly or partly dependent upon the earnings of such employee" modifies the employee's "spouse, children, [and] parents" as well as "any other member of the employee's family or next of kin," and therefore that the statute bars only a dependent but not a nondependent spouse from making a claim. We disagree.

The "rule of the last antecedent" holds that "qualifying phrases are to be applied to the words or phrase immediately preceding and are not to be construed as extending to others more remote." United States v. Ven-Fuel, Inc., 758 F.2d 741, 751 (1st Cir.1985). See Moulton v. Brookline Rent Control Bd., 385 Mass. 228, 230-231, 431 N.E.2d 225 (1982). Thus, the phrase in question modifies only "any other member of the employee's family or next of kin." Nothing in the subject matter, dominant purpose, or language of the statute indicates a different interpretation. See Moulton, supra. On the contrary, several other factors support this construction. For example, if the phrase qualified "spouse, children, [and] parents," it would require a plural verb, and would read "who are ... dependent." As it stands, the singular verb in "who is ... dependent" agrees with the singular subject, "any other member of the employee's family or next of kin." See W. Strunk & E.B. White, The Elements of Style 9 (3d ed. 1979) ("The number of the subject determines the number of the verb").

Where, as here, the statutory language is clear and unambiguous, we do not look beyond that language to interpret it. Pobieglo v. Monsanto Co.,402 Mass. 112,...