Adzhi-Akopyan's Case

Massachusetts Supreme Judicial Court

Adzhi-Akopyan's Case

582 N.E.2d 537, 411 Mass. 1003, 1991 Mass. LEXIS 576

CourtMassachusetts Supreme Judicial Court

DecidedDecember 10, 1991

StatusPublished

This text of 582 N.E.2d 537 (Adzhi-Akopyan's Case) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Adzhi-Akopyan's Case, 582 N.E.2d 537, 411 Mass. 1003, 1991 Mass. LEXIS 576 (Mass. 1991).

Pincite

Opinion

This case is strikingly similar to Borofsky’s Case, ante 379 (1991), also decided today, to the extent that it questions whether the term “average weekly wage,” as used in G. L. c. 152 (1990 ed.), the workers’ compensation law, includes the value of employer-paid medical insurance. Unlike Borofsky’s Case, the employer in this case was obligated to pay the cost of employees’ medical insurance under a collective bargaining agreement. This is the only difference between the cases.

For all the reasons supporting the exclusion of the value of health insurance in Borofsky’s Case, we hold that the value of health insurance should be excluded from the calculation of the average weekly wage in the present case.

The decision of the reviewing board of the Department of Industrial Accidents is affirmed.

So ordered.

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This case is strikingly similar to Borofsky’s Case, ante 379 (1991), also decided today, to the extent that it questions whether the term “average weekly wage,” as used in G. L. c. 152 (1990 ed.), the workers’ compensation law, includes the value of employer-paid medical insurance. Unlike Borofsky’s Case, the employer in this case was obligated to pay the cost of employees’ medical insurance under a collective bargaining agreement. This is the only difference between the cases.

For all the reasons supporting the exclusion of the value of health insurance in Borofsky’s Case, we hold that the value of health insurance should be excluded from the calculation of the average weekly wage in the present case.

The decision of the reviewing board of the Department of Industrial Accidents is affirmed.

So ordered.

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Bluebook (online)

582 N.E.2d 537, 411 Mass. 1003, 1991 Mass. LEXIS 576, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adzhi-akopyans-case-mass-1991.