Massachusetts Injury Lawyers Blog
Under Massachusetts’ Workers’ Compensation Act, workers injured on the job are entitled to workers’ compensation benefits based on their average weekly wages. However, disputes can arise over the calculation of these wages, particularly when an employee has concurrent employment in another state. Such was the issue in a recent Massachusetts case involving the application of the Commonwealth’s workers’ compensation laws to earnings from out-of-state employment. If you have questions about your rights under the Massachusetts workers’ compensation system, it is in your best interest to consult an experienced Massachusetts workers’ compensation attorney.
Facts of the Case and Procedural History
It is reported that the claimant worked part-time as a flight instructor for a Massachusetts-insured employer and also held full-time employment as an automobile mechanic in Connecticut. Allegedly, the employee injured his back while working for the Massachusetts employer during a flight training session involving a crash on takeoff. Despite this, he reportedly continued to experience a disability affecting his duties as a mechanic in Connecticut, though he was eventually cleared to work as a flight instructor again.
It is alleged that when calculating the employee’s average weekly wage for workers’ compensation benefits, the Massachusetts insurer excluded his earnings from the Connecticut employer. The employee reportedly argued that this exclusion was improper and violated the commerce clause of the Federal Constitution. Furthermore, it is alleged that the administrative judge, the Department of Industrial Accidents reviewing board, and a single justice of the Appeals Court all upheld the exclusion, referencing prior precedent.
Determining Average Weekly Wages in Workers’ Compensation Cases
The court reviewed the lower court’s interpretation of Massachusetts’ Workers’ Compensation Act and its applicability to wages earned outside the state. Specifically, the court examined the relationship between the statutory framework governing workers’ compensation and earnings derived from concurrent out-of-state employment.
It is reported that the court relied heavily on Massachusetts’ precedent, which determined that the Commonwealth’s workers’ compensation system is a “closed system” applicable only to Massachusetts-insured employers. The court noted that allowing out-of-state wages to factor into average weekly wage calculations would expand the system’s scope beyond its intended reach.
The court emphasized that the legislature’s intent, as reflected in the statutory language and framework, was to provide benefits based solely on employment within Massachusetts. It further concluded that the employee had failed to meet the “heavy burden” of proving the unconstitutionality of the exclusion. The court rejected the employee’s argument that the exclusion violated the commerce clause, citing well-established principles of statutory construction and constitutional law.
Ultimately, the court affirmed the lower court’s ruling, holding that wages earned from out-of-state employment should not be included in determining the employee’s average weekly wage.
Talk to a Skilled Massachusetts Workers’ Compensation Attorney
Determining eligibility and calculating benefits under Massachusetts workers’ compensation laws can involve complex legal and factual questions, especially when concurrent out-of-state employment is at issue. If you were injured at work and need assistance pursuing the benefits you deserve, it is advisable to talk to an attorney. Attorney James K. Meehan is a seasoned Massachusetts workers’ compensation lawyer who understands the complexities of workers’ compensation cases, and if you hire him, he will work tirelessly on your behalf. You can contact Attorney Meehan at 508-822-6600 or through our online form to schedule a confidential meeting.