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McCARTY'S CASE

445 Mass. 361 (2005)

WILLIAM McCARTY'S CASE.

Supreme Judicial Court of Massachusetts, Suffolk.

November 23, 2005.

Attorney(s) appearing for the Case

Myles W. McDonough (Mark H. Likoff with him) for the insurer & another.

Michael C. Akashian for the employee.

The following submitted briefs for amici curiae:

Timothy Wilton for John Fleming & others.

Karen S. Hambleton for Massachusetts Academy of Trial Attorneys.

Present: Marshall, C.J., Greaney, Ireland, Spina, Cowin, Sosman, & Cordy, JJ.

IRELAND, J.

This case concerns the proper calculation of "average weekly wages" under G. L. c. 152, § 1 (1), where a union worker is injured on an entirely union public works project and entitled to workers' compensation benefits. The reviewing board of the Department of Industrial Accidents (reviewing board) determined that employer payments into health and welfare plans, pension plans, and supplemental unemployment benefits (fringe benefits) must be included...

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