Massachusetts Injury Lawyers Blog
A workers’ compensation award can depend as much on the issues the parties preserve as on the evidence they introduce. In a recent Massachusetts decision, an insurer challenged an employee’s average weekly wage after previously stipulating to that figure, while both sides agreed that the permanent total disability rate required a small mathematical correction. The ruling shows why stipulations, hearing memoranda, and timely objections matter throughout a benefits case. If a workplace injury has left you unable to earn your former wages, speak with a knowledgeable Massachusetts workers’ compensation attorney about protecting your claim and calculating the benefits available to you.
The Employee’s Injury and Claim for Benefits
Reportedly, the employee performed general construction work and supervisory duties for the employer. In January 2020, staging moved while the employee was nailing siding to a wall, causing him to fall about six feet onto concrete and a bush. He struck his head and suffered bleeding but continued working. Persistent pain later led him to a hospital, where he described landing on his right shoulder and hitting his head. The employee eventually sought workers’ compensation benefits arising from the accident.
It is alleged that an administrative judge issued a conference order awarding Section 34 temporary total incapacity benefits at $600 per week, based on a $1,000 average weekly wage, beginning June 24, 2021, together with medical benefits. The insurer appealed to a de novo hearing. The judge found a compensable injury, credited the employee’s continuing pain, and adopted medical opinions connecting the accident to head, neck, shoulder, and knee conditions. The judge found permanent and total incapacity, continued Section 34 benefits through June 20, 2024, and awarded Section 34A benefits at $666.70 per week thereafter. The insurer appealed to the Reviewing Board.
How the Reviewing Board Evaluated the Wage Stipulation and Benefit Rate
The insurer argued that the employee failed to prove the $1,000 average weekly wage through testimony or documents. Ordinarily, the employee bears that burden, and a hearing decision must rest on record evidence. The Reviewing Board rejected the argument because the parties had jointly signed a prehearing memorandum stipulating to the wage nearly two years before the hearing. The insurer omitted the issue from its hearing memorandum, did not raise it at the hearing’s start, did not question the employee about earnings, and sought no wage records. It first disputed the figure in its closing brief.
The Board explained that stipulations narrow the matters in dispute and relieve a party from presenting unnecessary proof of an agreed fact. A party seeking release from a stipulation must show that it was improvidently made or that enforcing it would not serve justice. The insurer made no such showing. Because its own agreement made additional wage evidence unnecessary, it could not obtain appellate relief by pointing to the resulting absence of that evidence.
The Board affirmed the findings on liability, medical causation, incapacity, medical treatment, temporary total incapacity, and permanent total incapacity. It corrected only the arithmetic used for the Section 34A award. Two-thirds of the stipulated $1,000 wage equals $666.67, not $666.70. The Board therefore ordered ongoing Section 34A benefits at $666.67 beginning June 21, 2024, with credit for payments already made, and awarded appellate counsel fees.
Protect Your Benefits with a Proven Massachusetts Workers’ Compensation Attorney
Work injury claims require careful attention to wage calculations, medical proof, and every agreement made during litigation. If an insurer has disputed your disability benefits or average weekly wage, contact the Law Office of James K. Meehan for practical guidance. James K. Meehan is an experienced Massachusetts workers’ compensation lawyer who serves injured employees throughout Massachusetts, including Bristol, Plymouth, and Norfolk Counties. Call 508-822-6600 or use the firm’s online contact form to schedule a consultation and learn how the firm can help protect the compensation you need.