Date: | 09/28/2006 |
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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