MN 200.00 Workers' Compensation

Click on the case numbers below to access decisions about whether a claimant’s workers’ compensation benefits affect the payment of unemployment benefits.

0013 5701 21

0013 5701 21 (Apr. 27, 2015) – It was error for the review examiner to conclude that by the claimant accepting a Workers’ Compensation lump sum settlement, it precluded the claimant from continuing to work for the employer as a matter of law, or that by signing the agreement, the claimant voluntarily ended the employment relationship.  This is because the Massachusetts Appeals Court has ruled that the statutory presumption under G.L. c. 152, § 48(4) – that such employee is incapable of returning to work for the employer – is rebuttable.