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SJOBERG'S CASE

394 Mass. 458 (1985)

476 N.E.2d 196

KENNETH A. SJOBERG'S CASE.

Supreme Judicial Court of Massachusetts, Worcester.

April 8, 1985.

Attorney(s) appearing for the Case

Arthur W. Nichols, Jr., for the insurer.

Raymond H. Giguere for the employee.

Present: HENNESSEY, C.J., LIACOS, ABRAMS, LYNCH & O'CONNOR, JJ.

ABRAMS, J.

We granted further appellate review to consider whether an injured employee whose average post-injury earnings ultimately exceed his average pre-injury weekly wage solely because of his working substantial overtime hours, is precluded from receiving partial compensation under G.L. c. 152, § 35.1 The Appeals Court held that the Industrial Accident Board (board) and the Superior...

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