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MICHAEL SELLERS'S CASE

No. 06-P-1445.

71 Mass. App. Ct. 75 (2008)

MICHAEL SELLERS'S CASE.

Appeals Court of Massachusetts, Suffolk.

January 17, 2008.

Attorney(s) appearing for the Case

David A. Guberman, Assistant Attorney General, for Workers' Compensation Trust Fund.

Paul H. Nugent for the employee.

Present: PERRETTA, BERRY, & TRAINOR, JJ.

BERRY, J.

Under the Workers' Compensation Act (act), an employee who sustains injuries resulting in total incapacity is entitled to compensation based on the employee's "average weekly wage before the injury." G. L. c. 152, §§ 34, 34A.1 A related section of the act, G. L. c. 152, § 1(1), as amended through St. 1943, c. 529, § 1, defines "average weekly wages" in pertinent...

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