§ 73 — Election to receive compensation or pension; retirement boards; prosecuting claims; attorney; notice to boards; special pensions

Section 73. Any person entitled under section sixty-nine to receive compensation from the commonwealth or from such county, city, town or district and any person entitled under section thirty-one, thirty-four, thirty-four A, thirty-five, thirty-five A or thirty-six to receive compensation from the Massachusetts Department of Transportation or the Massachusetts Port Authority, the Blue Hills Regional Vocational School system, the Greater Lawrence Sanitary District, the Minuteman Regional Vocational Technical School District, the Massachusetts Water Resources Authority or the Massachusetts Bay Transportation Authority so entitled to compensation under said sections and who is also entitled to a pension by reason of the same injury, shall elect whether he will receive such compensation or such pension, and shall not receive both, except in the manner and to the extent provided by section fourteen of chapter thirty-two. Notwithstanding the any general or special law to the contrary, any present or former Massachusetts Bay Transportation Authority employee or retiree entitled to compensation under section 31, 34, 34A, 35, 35A or 36 who is also entitled to a pension by reason of the same injury shall elect whether he will receive such compensation or such pension and shall not receive both, except in the manner and to the extent provided by section 14 of chapter 32; provided, however, that the requirement to make such election shall apply to all former Massachusetts Bay Transportation Authority employees or retirees presently receiving or entitled to receive benefits under said section 31, 34, 34A, 35, 35A or 36 who are also receiving or entitled to a pension by reason of the same injury. A retirement board, for the purposes of the last-mentioned section, may prosecute in the name and for the benefit of a member or beneficiary of its system or his legal representative or any of his dependents, who is or may become entitled to a pension under chapter thirty-two, all claims which he or they may have for compensation under this chapter, if such member, beneficiary, legal representative or dependent has failed, or such board is of opinion that he will fail, to make or prosecute such claim with reasonable promptness and diligence. Said board, so prosecuting such remedy, shall be deemed to be a party in interest and may take an appeal and institute any proceeding which the employee or his legal representative or dependent might take or institute. In proceedings where the commonwealth, county, city, town or district is represented by the attorney general, city solicitor, town counsel or other attorney, the retirement board may be represented by an attorney of its own selection. Agents of the commonwealth under section seventy-five and such agents, and insurers, of counties, cities, towns or districts, executing agreements for compensation under this chapter, shall forthwith notify the appropriate retirement board.If a person entitled to such compensation from the commonwealth or from such county, city, town or district receives by special act a pension for the same injury, he shall forfeit all claim for compensation; and any compensation received by him or paid by the commonwealth or by such county, city, town or district which employs him for medical or hospital services rendered to him may be recovered back in an action at law. No further payment shall be awarded by vote or otherwise to any person who has claimed and received compensation under sections sixty-nine to seventy-five, inclusive.