Case of Hanson
(Cite a 26 Mass.App.Ct. 988, 529 N.E.2d 1233)
Appeals Court of Massachusetts, Suffolk.
Warren S. HANSON'S CASE.
Argued Oct. 11, 1988.
Decided Nov. 4, 1988.
Injured employee sued to recover workers' compensation benefits. The Superior Court, Suffolk County, entered judgment in favor of employee, and the Appeals Court, 18 Mass.App.Ct. 1112, 468 N.E.2d 877 (unpublished opinion), affirmed and remanded. On remand, the Superior Court awarded compensation based on employee's average weekly wage at time of injury. Employee appealed. The Appeals Court held that workers' compensation statute, providing that injured employee is to be paid compensation as provided by statute in effect on date of compensation award, merely defined what ratio would be applied to employee's average weekly wage in calculating compensation and did not alter rule that average weekly wage is to be computed based on actual salary earned by employee at time of injury.
Leonard F. Zandrow, Jr. (Richard N. Curtin, Boston, with him) for self- insurer.
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