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SELLERS'S CASE

452 Mass. 804 (2008)

MICHAEL SELLERS'S CASE.

Supreme Judicial Court of Massachusetts, Suffolk.

December 19, 2008.

Attorney(s) appearing for the Case

Paul H. Nugent for the employee.

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

Mary Jane McKenna & J. Michael Conley, for Massachusetts Academy of Trial Attorneys, amicus curiae, submitted a brief.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, CORDY, & BOTSFORD, JJ.

MARSHALL, C.J.

In cases where the Workers' Compensation Trust Fund (trust fund)2 is required to pay workers' compensation benefits because an employee suffers a work-related injury while in the employ of an employer who has failed to obtain workers' compensation insurance, should those benefits be based on the employee's total earnings, including concurrent wages earned from an insured employer...

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