PERRETTA, J.
On a report by a single justice of this court on the employee's appeal from a decision of the reviewing board of the Department of Industrial Accidents (department) summarily affirming the administrative judge, we are presented with the question whether vacation pay received by an employee who is also receiving partial incapacity compensation benefits pursuant to G. L. c. 152, § 35, is to be treated as earnings or as a fringe benefit. The administrative...
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