| Date: | 03/09/1999 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 23093-89 |
| Location: | Boston |
- Employee: Robert Berg
- Employer: City of Newton
- Self Insurer: City of Newton
SMITH, J. The employee, a permanent substitute teacher, appeals from the denial of his claim. Under G.L. c. 152, § 69, which made workers’ compensation coverage potentially available for all school department personnel, no award is due without an election to provide coverage. The judge found that the City, in the exercise of its prerogative, did not elect to provide workers’ compensation coverage for its substitute teachers. The decision is consistent with judicial precedent interpreting the terms "laborers, work-men and mechanics." We therefore affirm it.