Decision  William P. Haines v. Middlesex Hospital

Date:	06/05/2007
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 052565-91
Location:	Boston

• Employee: William P. Haines (deceased)
• Claimant: Evelyn Haines
• Self Insurer: Commonwealth of Massachusetts

McCARTHY, J. The claimant appeals from a decision denying her continuing § 31 survivor’s benefits, based on the administrative judge’s finding that she was "fully self-supporting," and therefore not entitled to further payment of § 31 benefits, beyond the amount represented by two-hundred fifty times the state average weekly wage on the date of the employee’s work-related injury in 1991. The judge concluded that the claimant’s pension should be considered in determining her entitlement to continuing benefits. For the reasons that follow, we reverse the decision.

¹  Judges Carroll, Horan and Fabricant comprised the original panel. Upon her appointment as Senior Judge, Judge Carroll removed herself from the panel and was replaced by Judge McCarthy. She was not present at oral argument and took no part in the panel deliberations.