Decision  Theodore Nadeau v. Boston University

Date: 10/24/2003
Organization: Department of Industrial Accidents
Docket Number: DIA Board Number 056465-94
Location: Boston
  • Employee: Theodore Nadeau
  • Employer: Boston University
  • Self Insurer: Boston University

CARROLL, J. The employee appeals from a decision in which an administrative judge concluded that the self-insurer’s unilateral termination of G. L. c. 152, § 35, partial incapacity benefits, after paying the maximum § 35 entitlement, "was proper and was not an illegal discontinuance." (Dec. 9.) See G. L. c. 152, § 8(2)(g). The employee contends that the judge erred, as his date of injury was April 14, 1989, and he should have been able to receive up to 600 weeks of § 35 payments, rather than the 260 weeks that the self-insurer had paid him pursuant to the 1991 amendment to § 35. Compare St. 1985, c. 572, § 44, with St. 1991, c. 398, § 63. Because the employee’s return to work triggered the application of § 35B as interpreted by the Massachusetts Appeals Court in Taylor’s Case, 44 Mass. App. Ct. 495 (1998), we affirm the decision.

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