| Date: | 02/17/1999 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 051656-92 |
| Location: | Boston |
- Employee: Harry Sherr
- Employer: City of Peabody
- Self Insurer: City of Peabody
SMITH, J. The municipal self-insurer appeals a decision awarding more than fourteen years of retroactive § 34A permanent and total incapacity benefits. The decision did not credit the accidental disability retirement payments that the City had paid the employee. In this case of first impression, we discuss the coordination of benefits between the workers’ compensation system, G.L. c. 152, and the contributory retirement system for public employees, G.L. c. 32. Because G.L. c. 32, § 14(2) places the ultimate responsibility for preventing a double recovery on the City, and the City did not avail itself of the statutory remedies provided by c. 152 and c. 32, we affirm the decision not to subtract the pension benefits from the workers’ compensation award.