Mass. Gen. Laws ch. 152, § 34A

Permanent and total incapacity; compensation

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Section 34A. While the incapacity for work resulting from the injury is both permanent and total, the insurer shall pay to the injured employee, following payment of compensation provided in sections thirty-four and thirty-five, a weekly compensation equal to two-thirds of his average weekly wage before the injury, but not more than the maximum weekly compensation rate nor less than the minimum weekly compensation rate.

Notes of Decisions

Cited in 43 cases (2 in the last 5 years), 1969–2026 · leading case: Cornetta's Case

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Cornetta's Case (2007) massappct · cites it 5× “In this workers’ compensation case, an administrative judge awarded Laura Cometta (employee) permanent and total incapacity benefits, pursuant to G. L. c. 152, § 34A, for a work-related emotional disability.”

Sellers's Case (2008) mass · cites it 2× “” G. L. c. 152, § 34A. 6 Following his injury, Sellers filed a claim for workers’ compensation benefits with the Department of Industrial Accidents.”

McEwen's Case (1976) mass · cites it 3× “A single member of the board made findings and rendered a decision on May 30, 1972, which in turn were affirmed and adopted by a reviewing board, *852 ordering the insurer to pay the employee total and permanent incapacity compensation dating from April 17, 1970, in accordance…”

Wadsworth's Case (2012) mass · cites it 2× “” In December, 2003, the employee applied for total and permanent disability benefits under G. L. c. 152, § 34A, as of July 1, 2003. He also claimed under G.”

Coggin v. Massachusetts Parole Board (1997) massappct “152, § 34, for the statutory maximum of 260 weeks and subsequently filed a claim for permanent and total benefits under G. L. c. 152, § 34A. Following a conference before an administrative judge of the Department of Industrial Accidents (DIA), Coggin was awarded permanent and…”

MacDonnell's Case (2012) massappct · cites it 2× “His employer, the city of Worcester (city), cross-appeals from the same decision, challenging (1) the board’s affirmance of an award of G. L. c. 152, § 34A, permanent and total incapacity compensation; and (2) the board’s reversal of a previous decision allowing the city to…”

Benoit v. City of Boston (2017) mass “152, § 34 (compensation for total incapacity extends to 156 weeks); G. L. c. 152, § 34A (compensation for total and permanent incapacity extends for entirety of employee’s life).”

Massachusetts Insurers Insolvency Fund v. Berkshire Bank (2016) mass “In response, Poli sought permanent and total disability compensation under G. L. c. 152, § 34A. [I]n February 2011, the Department of Industrial Accidents (DIA) denied her claim after a conference.”

McDonough's Case (2006) mass “152, § 36A (designating payments to nondependent relatives, or to special fund, if no dependents exist).”

Truong v. Wong (2002) massappct “152, § 34 (compensation for temporary total incapacity equals sixty percent of employee’s weekly wage for up to one hundred fifty-six weeks); G. L. c. 152, § 34A (compensation for permanent total incapacity, following payment under §§ 34 or 35, equal to two-thirds of average…”

Hanson's Case (1988) massappct · cites it 2× “474, § 6, which provided in relevant part: “While the incapacity for work resulting from the injury is both permanent and total, the insurer shall pay to the injured employee, following payment of the maximum amount of compensation provided in sections thirty-four and…”

Foley's Case (1970) mass · cites it 2× “This is an appeal from a final decree of the Superior Court dismissing a claim for compensation under G. L. c. 152, § 34A, on the ground that the “employee has failed to sustain the burden of proving that he was permanently and totally disabled as claimed.”

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