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GUNDERSON'S CASE

423 Mass. 642 (1996)

CARL GUNDERSON'S CASE.

Supreme Judicial Court of Massachusetts, Suffolk.

September 30, 1996.

Attorney(s) appearing for the Case

Thomas D. Burns (Edward J. Murphy, Jr., & Kevin G. Kenneally with him) for the employer.

Elizabeth N. Mulvey for the employee.

Present: WILKINS, ABRAMS, LYNCH, GREANEY, & FRIED, JJ.

GREANEY, J.

We transferred this case from the Appeals Court on our motion to decide whether a retroactive pay increase adopted through collective bargaining arbitration should enter into the calculation of the average weekly wages of Carl Gunderson, an injured employee of the Massachusetts Bay Transportation Authority (MBTA) who is receiving workers' compensation benefits. The reviewing board (board) of the Department of Industrial Accidents (department) concluded...

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