LETTENEY'S (DEPENDENT'S) CASE


429 Mass. 280 (1999)

ROBERT LETTENEY'S (dependent's) CASE.

Supreme Judicial Court of Massachusetts, Suffolk.

April 5, 1999.


Attorney(s) appearing for the Case

David J. McMorris for the employee.

Paul R. Ingraham, Special Assistant Attorney General, for Workers' Compensation Trust Fund.

Alan S. Pierce for the employer.

Present: WILKINS, C.J., ABRAMS, LYNCH, GREANEY, FRIED, MARSHALL, & IRELAND, JJ.


FRIED, J.

Only employment referred to in G. L. c. 152, § 1 (4), may be used in determining the average weekly wage, for purposes of G. L. c. 152, § 35C, of an employee who becomes eligible for workers' compensation benefits as a result of an industrial injury that occurred five or more years prior to the date of eligibility.

I

The claimant's husband, Robert Letteney (employee), had been employed...

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