 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
In re Walker's Case12/28/2004
nvolving brain injury is counter to the intent, purpose, and history of § 36A. It also produces arbitrary and inequitable results. Under the board's reasoning, § 36 compensation for specific injuries is payable to any employee with permanent losses of bodily function such as those suffered by Walker, but if, and only if for example, those losses were caused by a spinal cord injury, rather than a brain injury. Benefits to an employee with precisely the same losses of bodily function caused by brain damage would be limited. Our analysis of the legislative history of §§ 36 and 36A reveals no suggestion that the Legislature intended to differentiate in such an arbitrary manner between classes of disabled, but living, employees.
In summary, the limitation on unpaid compensation for specific injuries involving brain injury contained in the second paragraph of § 36A is operative only on the death of the employee. Walker is entitled to receive compensation for specific injuries for his losses of bodily function and disfigurement under § 36. As Walker is the prevailing party, he is also entitled to an award of reasonable attorney's fees and costs resulting from his appeal. See G. L. c. 152, § 12A.
We reverse the decision of the board and remand the case for further proceedings consistent with this opinion.
So ordered.
Page 1 2 3 4 5 6 Massachusetts Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|