Decision

Decision  James Wilson v. Western Massachusetts Electric Co.

Date: 09/28/2006
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 805631-85
Location: Boston
Referenced Sources: James Wilson (deceased), Judith Wilson v. Western Massachusetts Electric Co.
  • Claimant: Judith Wilson
  • Employer: Western Massachusetts Electric Co.
  • Self Insurer: Western Massachusetts Electric Co.

COSTIGAN, J. This case returns to the reviewing board on remand from the Appeals Court, Wilson’s (dependent’s) Case, 67 Mass. App. Ct. 1 (2006), which decision reversed the decision of the reviewing board.2 The board had determined that pursuant to G. L. c. 152, § 38, payments received by the claimant widow in a loss of consortium settlement should not be considered when determining whether she was fully self-supporting, for purposes of her claim for § 31 benefits beyond the 250-week statutory maximum.3

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Downloads   for James Wilson v. Western Massachusetts Electric Co.

1  As two members of the original panel no longer serve on the reviewing board, the panel has been reconstituted.

2  18 Mass. Workers’ Comp. Rep. 222 (2004)

3  Under the 1993 loss of consortium structured settlement, Mrs. Wilson’s recovery included: 1) an initial payment of $100,000; 2) monthly payments of $2,000 for life and balloon payments of $25,000 every five years (the first in 1998 and the second in 2003); and 3) a $100,000 payment when she reaches the age of eighty.

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