Massachusetts General Laws

Mass. Gen. Laws ch. 152, § 34 (2026)

Total incapacity; compensation

✓ current as of July 2026

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Section 34. While the incapacity for work resulting from the injury is total, during each week of incapacity the insurer shall pay the injured employee compensation equal to sixty percent of his or her average weekly wage before the injury, but not more than the maximum weekly compensation rate, unless the average weekly wage of the employee is less than the minimum weekly compensation rate, in which case said weekly compensation shall be equal to his average weekly wage.

The total number of weeks of compensation due the employee under this section shall not exceed one hundred fifty-six.

Notes of Decisions

Cited in 124 cases (2 in the last 5 years), 1922–2026 · leading case: Russell v. Cooley Dickinson Hosp., Inc., 772 N.E.2d 1054 (Mass. 2002).

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Russell v. Cooley Dickinson Hosp., Inc., 772 N.E.2d 1054 (Mass. 2002). “” See G. L. c. 152, § 34. See also Shirley’s Case, 355 Mass.”

McCarty's Case, 837 N.E.2d 669 (Mass. 2005). · cites it 2× “G. L. c. 152, §§ 34, 35. The amount is based on certain formulas in the statute.”

DaLuz v. Dep't of Corr., 746 N.E.2d 501 (Mass. 2001). “As a result of these injuries, the plaintiffs initially collected full workers’ compensation benefits pursuant to G. L. c. 152, § 34. 5 They also received assault pay benefits *42 pursuant to G.”

Spaniol's Case, 992 N.E.2d 1028 (Mass. 2013). · cites it 2× “He began to receive workers’ compensation benefits under G. L. c. 152, § 34, for total incapacity.”

Taylor's Case, 691 N.E.2d 997 (Mass. App. Ct. 1998). · cites it 3× “The insurer applied the 60% rate found in G. L. c. 152, § 34, as amended by St. 1991, c.”

Coggin v. Massachusetts Parole Bd., 678 N.E.2d 1206 (Mass. App. Ct. 1997). · cites it 2× “The Massachusetts Parole Board (employer), appeals from a decision of a single justice of this court affirming an award of permanent and total incapacity benefits under G. L. c. 152, § 34, to Robert Coggin. See G.”

Godfrey v. Globe Newspaper Co., 928 N.E.2d 327 (Mass. 2010). “See G. L. c. 152, § 34. Cf. McCarthy’s Case, 66 Mass.”

Haslam's Case, 883 N.E.2d 949 (Mass. 2008). · cites it 3× “7 The administrative judge ruled that the injury was compensable and issued an order requiring the insurer *104 to pay benefits to the employee, including temporary total incapacity benefits pursuant to G. L. c. 152, § 34, partial incapacity benefits pursuant to G.”

McCarthy's Case, 849 N.E.2d 228 (Mass. App. Ct. 2006). · cites it 5× “Today we hold that a self-insurer may not disregard an order of payment, pursuant to G. L. c. 152, § 34, and fashion its own remedy even if it theoretically fully compensates the injured employee.”

Massachusetts Insurers Insolvency Fund v. Berkshire Bank, 62 N.E.3d 56 (Mass. 2016). · cites it 2× “Woronoco was then the named insured under a workers’ compensation/employer’s liability policy issued by Centennial [Insurance Company], Woronoco notified Centennial of the injury and Centennial began paying Poli weekly workers’ compensation benefits pursuant to G. L. c. 152, §…”

Green's Case, 751 N.E.2d 913 (Mass. App. Ct. 2001). · cites it 2× “The insurer accepted the claim and began paying temporary total incapacity benefits under G. L. c. 152, § 34. On or about October 11, 1995, the insurer filed a complaint with the department to discontinue or modify benefits on the basis that the employee was able to resume some…”

Truong v. Wong, 775 N.E.2d 405 (Mass. App. Ct. 2002). · cites it 2× “, G. L. c. 152, § 34 (compensation for temporary total incapacity equals sixty percent of employee’s weekly wage for up to one hundred fifty-six weeks); G.”

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— Mass. Gen. Laws ch. 152, § 34(c) — 1 case

The Home Ins. Co. v. Workers' Comp. Trust Fund, 36 N.E.3d 600 (Mass. App. Ct. 2015).

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