Decision Mary E. Atwood v. Commonwealth of Massachusetts

Date: 08/23/2005
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 702541-72
Location: Boston
  • Employee: Mary E. Atwood
  • Employer: Commonwealth of Massachusetts
  • Self Insurer: Commonwealth of Massachusetts

McCARTHY, J. Claiming that an administrative judge's award of posthumous back § 34A benefits to the deceased employee's estate was arbitrary, capricious and contrary to law for a variety of reasons, the self-insurer seeks reversal. We affirm the decision, and address only one issue. Following our opinion in Sherr v. City of Peabody, 13 Mass. Workers' Comp. Rep. 43 (1999), we conclude that the self-insurer is not entitled to offset the § 34A benefits against payments made under the contributory retirement act, G. L. c. 32.

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