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SLATER'S CASE

No. 00-P-1733.

55 Mass. App. Ct. 326 (2002)

RAINEY D. SLATER'S CASE.

Court of Appeals of Massachusetts, Suffolk.

June 24, 2002.

Attorney(s) appearing for the Case

Esther C.S. Dezube (Samuel M. Hausman with her) for the employee.

John A. Smillie for the insurer.

Present: DUFFLY, DREBEN, & TRAINOR, JJ.

DREBEN, J.

Under the workers' compensation act (act) there are three types of weekly compensation benefits an injured employee may receive: temporary total disability benefits (G. L. c. 152, § 34), partial disability benefits (§ 35), and permanent total disability benefits (§ 34A). The question raised by the employee's appeal is whether he was required, once he was found to be permanently and totally disabled, to exhaust his temporary benefits under...

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