McLeod's Case

Massachusetts Appeals Court

McLeod's Case

436 N.E.2d 413, 14 Mass. App. Ct. 906, 1982 Mass. App. LEXIS 1349

CourtMassachusetts Appeals Court

DecidedJune 8, 1982

StatusPublished

Cited by1 cases

This text of 436 N.E.2d 413 (McLeod's Case) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McLeod's Case, 436 N.E.2d 413, 14 Mass. App. Ct. 906, 1982 Mass. App. LEXIS 1349 (Mass. Ct. App. 1982).

Pincite

Opinion

Where a claimant has not been paid compensation prior to a final decision, benefits are to be computed at the rate in effect as of the date of the board’s final decision or as of the date the appellate process, if any, has been concluded. G. L. c. 152, § 51A. See Locke, Workmen’s Compensation § 302 (1981). The judge was in error in concluding that the increased rate of benefits was a matter within the board’s discretion. The fact that the claimant raised this question for the first time under Mass.R.Civ.P. 60, 365 Mass. 828 (1974), does not preclude us from considering the issue, which turns on a question of law and involves no factual determination. Compare Casey’s Case, 6 Mass. App. Ct. 859, 859-860 (1978), and cases therein cited.

The order denying the claimant’s motion for relief from judgment and the judgment are reversed. A new judgment is to enter, remanding the matter to'the board for computation of the claimant’s benefits under G. L. c. 152, § 51A, as of the date of the conclusion of the appellate process, and for the entry of a new decision awarding compensation in accordance therewith.

The claimant is entitled to the costs, expenses, and attorneys’ fees of these cross appeals in an amount to be determined in the discretion of a single justice of this court.

So ordered.

Free access — add to your briefcase to read the full text and ask questions with AI

Where a claimant has not been paid compensation prior to a final decision, benefits are to be computed at the rate in effect as of the date of the board’s final decision or as of the date the appellate process, if any, has been concluded. G. L. c. 152, § 51A. See Locke, Workmen’s Compensation § 302 (1981). The judge was in error in concluding that the increased rate of benefits was a matter within the board’s discretion. The fact that the claimant raised this question for the first time under Mass.R.Civ.P. 60, 365 Mass. 828 (1974), does not preclude us from considering the issue, which turns on a question of law and involves no factual determination. Compare Casey’s Case, 6 Mass. App. Ct. 859, 859-860 (1978), and cases therein cited.

The order denying the claimant’s motion for relief from judgment and the judgment are reversed. A new judgment is to enter, remanding the matter to'the board for computation of the claimant’s benefits under G. L. c. 152, § 51A, as of the date of the conclusion of the appellate process, and for the entry of a new decision awarding compensation in accordance therewith.

The claimant is entitled to the costs, expenses, and attorneys’ fees of these cross appeals in an amount to be determined in the discretion of a single justice of this court.

So ordered.

Cite This Page — Counsel Stack

Bluebook (online)

436 N.E.2d 413, 14 Mass. App. Ct. 906, 1982 Mass. App. LEXIS 1349, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcleods-case-massappct-1982.

Opinion

Related

Cite This Page — Counsel Stack