TOBIN'S CASE


424 Mass. 250 (1997)

JOHN TOBIN'S CASE.

Supreme Judicial Court of Massachusetts, Suffolk.

February 11, 1997.


Attorney(s) appearing for the Case

Daniel C. Roache for the employee.

Thomas O. Bean, Assistant Attorney General, for the intervener.

Joseph B. Bertrand for the insurer.

Present: WILKINS, C.J., O'CONNOR, GREANEY, FRIED, & MARSHALL, JJ.


GREANEY, J.

In this workers' compensation case, the employee, John Tobin, appeals from a decision of the reviewing board of the Department of Industrial Accidents affirming a decision of an administrative judge that the employee's benefits were to be terminated pursuant to G. L. c. 152, § 35E. This statute provides that an employee over age sixtyfive, who has been out of the labor market for at least two years and is...

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