- An adjustment to compensation means the difference between the higher wage at the time of death or disability as compared with the lower wage on the date of the last likely injurious exposure. Adjustments to compensation are defined by regulation 452 CMR 3.02(3): "adjustments to compensation" SHALL mean any increase in benefits PAID to an employee as a result of the applicability of the FIRST SUBSECTION of § 35C.
- [ Please note: Any increases or 'adjustments' to compensation due to §§ 34B or 35F (COLA) ARE NOT increases or adjustments within the meaning of §n 65(2)(b) and the FIRST paragraph of § 35C. It is often used as a red herring that the Trust Fund's § 35C exposure includes exposure for the future COLA adjustments. COLA increases HAVE TO be paid by the insurer. Potential reimbursement for paid COLA does not fall within §§ 65(2)(b) and 35C.]
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