Decision  Mark Hudnall v. Raytheon Technical Services, Co.

Date:	05/31/2012
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 042831-06
Location:	Boston

Employee: Mark Hudnall

COSTIGAN, J. On November 10, 2006, the employee, a resident of Oklahoma, sustained an industrial injury to his back while working for Raytheon at a military installation in California. He was paid workers’ compensation benefits under California law by Liberty Mutual Insurance Company (Liberty). He later filed a claim for benefits under the Massachusetts workers’ compensation statute, G. L. c. 152.¹ (Dec. 5.) He appeals from the decision in which the administrative judge concluded that Massachusetts had no jurisdiction over his claim. (Dec. 9.) We affirm.

¹ It is well-established that receipt of compensation in a foreign state does not bar a supplemental award of compensation in Massachusetts, provided there is a basis for jurisdiction here. Of course, the employee may not receive a double recovery, and the amount already received will be credited against the amount recovered under the Massachusetts act. Nason, Koziol and Wall, Workers’ Compensation § 5.8 at 92-93 (3^rd ed. 2003); Conant’s Case, 33 Mass. App. Ct. 695 (1992)( Massachusetts and Vermont have dual jurisdiction over workers’ compensation claim where contract of hire entered into in Massachusetts but employee injured in Vermont).