Code of Massachusetts Regulations
452 CMR - DEPARTMENT OF INDUSTRIAL ACCIDENTS
Title 452 CMR 3.00 - Workers' Compensation Trust Fund
Section 3.02 - Payment of Benefits for Disabilities Subject to Latency
Current through Register 1531, September 27, 2024
(1) For purposes of M.G.L. c. 152, § 35C, for claims involving compensation pursuant to M.G.L. c. 152, §§ 34, 34A or 35, applicable benefits on the first date of eligibility for benefits shall be based on the employee's average weekly wage as of such first date of eligibility for benefits, or, if the employee is not employed on that date, it shall be based on the employee's average weekly wage as of the employee's last date of employment.
For claims involving compensation pursuant to M.G.L. c. 152, § 31, applicable benefits on the first date of eligibility for benefits shall be based on the employee's average weekly wage as of such first date of eligibility, or, if the employee is not employed on that date, it shall be based on the minimum compensation rate provided in M.G.L. c. 152, § 31.
(2) Payment of benefits under M.G.L. c. 152, §§31, 34, 34A, or 35 within five years of the date of injury shall preclude applicability of M.G.L. c. 152, § 35C.
(3) For purposes of M.G.L. c. 152, § 65(2)(b), "adjustments to compensation pursuant to M.G.L. c. 152, § 35C" shall mean any increase in benefits paid to an employee as a result of the applicability of the first subsection of M.G.L. c. 152, § 35C.
