BOROFSKY'S CASE


411 Mass. 379 (1991)

582 N.E.2d 538

RICHARD BOROFSKY'S CASE.

Supreme Judicial Court of Massachusetts, Suffolk.

December 10, 1991.


Attorney(s) appearing for the Case

Michael C. Akashian (Michael F. Walsh & Joseph P. McKenna, Jr., with him) for the employee.

Paul W. Goodrich (Patricia C. Frazier with him) for the insurer.

W. Frederick Uehlein & Richard A. Wall, for American Insurance Association & another, amici curiae, submitted a brief.

Present: LIACOS, C.J., WILKINS, ABRAMS, NOLAN, & LYNCH, JJ.


NOLAN, J.

The narrow issue raised in this appeal is whether the value of employer-paid health insurance benefits constitutes earnings of the employee for the purpose of computing his average weekly wage under G.L.c. 152 (1990 ed.), the workers' compensation law. For the reasons that follow, we hold that such value shall not be included.

The reviewing board of the Department of Industrial Accidents denied the claim of Richard Borofsky (employee) to include...

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