Gordon's Case
Gordon's Case
Opinion of the Court
On September 7 and 17, 1976, while working for Harvard University, the employee sustained injuries to his left leg and back. Harvard (which is
The employee thereafter received permission from a judge of the Superior Court to request compensation at the higher rates provided for by G. L. c. 152, § 51A.
With respect to entitlement, § 51A speaks simply in terms of a final decision of a claim under c. 152, not in terms of a final decision of such a claim by the reviewing board or a court. The single member’s decision in this case was rendered pursuant to G. L. c. 152, § 8, after a full evidentiary hearing. That decision contains subsidiary findings of fact, general findings (which are in the nature of rulings of law), and discussion of other matters pertinent to the questions raised by the parties in the course of the hearing. Although G. L. c. 30A, the State Administrative Procedure Act, does not apply to the adjudication of claims arising under G. L. c. 152, a valid comparison can be made in this case between the decision of the single member and the decision of an administrative law judge. As was said in International Tel. & Tel. Corp. v. Local 134, Intl. Bhd. of Elec. Workers, 419 U.S. 428, 445 (1975), about the decision of an administrative law judge: “The prototype of an intermediate proceeding that is ‘agency process for the formulation of an order,’ is a hearing before an administrative law judge who makes findings of fact and conclusions of law, initially decides the case, and whose recommended decision ‘becomes the decision of the agency . . . unless there is an appeal to, or review on motion of, the agency.’” Applying this reasoning, we agree with the employee that, upon Harvard’s withdrawal of its appeal to the reviewing board, the decision of
The judgment is affirmed. The employee is entitled to costs, expenses, and attorney’s fees in connection with this appeal in an amount to be determined in the discretion of a single justice of this court.
So ordered.
The case arises under the provisions of c. 152 in effect prior to the enactment of St. 1985, c. 572, which substantially revised c. 152.
General Laws c. 152, § 51A, inserted by St. 1969, c. 833, § 1, provides as follows: “In any claim [for worker’s compensation] in which no compensation has been paid prior to the final decision on such claim, said final decision shall take into consideration the compensation provided by statute on the date of the decision, rather than the date of the injury.”
The judge also correctly ruled that payments made by Harvard to the employee under private wage continuation and medical plans did not relieve Harvard of liability under § 51A. The reference to the payment of “compensation” in § 51A refers to compensation or benefits paid under the provisions of G. L. c. 152, not to compensation or payments under private contractual plans. See Gould’s Case, 355 Mass. 66, 72 (1968).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.