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THE SUPREME JUDICIAL COURT IS SOLICITING AMICUS BRIEFS OR MEMORANDA FROM INTERESTED PARTIES IN THE FOLLOWING MATTER PENDING BEFORE THE COURT

ARGUMENT IS TENTATIVELY SCHEDULED FOR JANUARY 2008.

AMICUS SUBMISSIONS ARE DUE ON OR BEFORE DECEMBER 17, 2007

SJC-10056

Arlene Moss's (dependent's) Case

At issue is the relationship between G. L. c. 152, § 7A (employee's on-the-
job death constitutes prima facie evidence of entitlement to compensation) and
G. L. c. 152, § 28 (double compensation for serious and wilful misconduct of
employer resulting in injury to the employee), i.e., whether, where an employee
dies on the job and a survivor claims the employer engaged in serious and wilful
misconduct in connection with the employee's death, a presumption of such
misconduct, rebuttable by the employer, arises; and if so, what allegations are
necessary to raise the presumption.

Interested parties may file their briefs in the Office of the Clerk for the Commonwealth, John Adams Courthouse, Suite 1-400, Pemberton Square, Boston MA 02108-1724 (Telephone 617-557-1020). Parties filing amicus briefs are expected to comply with the requirements of Rules 17, 19 and 20 of Mass. Rules of Appellate Procedure. Amicus briefs, to assist the court, should focus on the ramifications of a decision and not solely on the interests of the parties filing such briefs.

October 15, 2007