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COSTA'S CASE

No. 99-P-1515.

52 Mass. App. Ct. 105 (2001)

DONALD J. COSTA'S (dependent's) CASE.,

Court of Appeals of Massachusetts, Suffolk.

July 18, 2001.

Attorney(s) appearing for the Case

Kevin S. Sullivan for the claimant.

Richard W. Jensen (Charles A. Cook with him) for the insurer.

Present: JACOBS, GILLERMAN, & CYPHER, JJ.

GILLERMAN, J.

Gail Costa (claimant) has appealed from an adverse decision of the reviewing board of the Department of Industrial Accidents (board) denying her claim for benefits arising out of the death of her husband, Donald Costa. See G. L. c. 152, § 31 (death benefits) and § 33 (burial benefits). The issue before us is whether the provisions of G. L. c. 152, § 7A, as amended in 1991 (see St. 1991, c. 398, § 21, set out in the margin),

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