Massachusetts General Laws

Mass. Gen. Laws ch. 152, § 35C (2026)

Date of eligibility; benefits applicable; adjustments

✓ current as of July 2026

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Section 35C. When there is a difference of five years or more between the date of injury and the initial date on which the injured worker or his survivor first became eligible for benefits under section thirty-one, thirty-four, thirty-four A, or section thirty-five, the applicable benefits shall be those in effect on the first date of eligibility for benefits.

For purposes of adjustments to compensation under sections thirty-four B and thirty-five F for employees subject to this section, the first date of eligibility for benefits rather than the date of injury shall be used for purposes of computing such supplemental benefits.

Notes of Decisions

Cited in 7 cases, 1999–2012 · leading case: McDonough's Case, 858 N.E.2d 1084 (Mass. 2006).

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McDonough's Case, 858 N.E.2d 1084 (Mass. 2006). · cites it 2× “6 (2003) (McDonough J), namely, whether a surviving spouse of a decedent who had no actual wages at the date of eligibility, G. L. c. 152, § 35C, could nevertheless receive the minimum benefit under G.”

Wadsworth's Case, 963 N.E.2d 1181 (Mass. 2012). · cites it 2× “We limit the holding in that case to out-of-State wages earned after suffering latent injuries (such as from exposure to asbestos) that do not result in eligibility for incapacity benefits for at least five years under G. L. c. 152, § 35C. We also affirm the board’s decision to…”

Letteney's Case, 707 N.E.2d 1071 (Mass. 1999). · cites it 2× “152, § 1 (4), may be used in determining the average weekly wage, for purposes of G. L. c. 152, § 35C, of an employee who becomes eligible for workers’ compensation benefits as a result of an industrial injury that occurred five or more years prior to the date of eligibility.”

McDonough's Case, 800 N.E.2d 1027 (Mass. 2003). · cites it 3× “We vacate the board’s decision, concluding that the plain language of G. L. c. 152, § 35C, does not support the payment of compensation to the claimant, and that, to the extent that 452 Code Mass.”

Wadsworth's Case, 935 N.E.2d 333 (Mass. App. Ct. 2010). “” In Letteney’s Case, supra, the claimant sought a computation of benefits *108 specifically under G. L. c. 152, § 35C. That provision, inserted by St.”

Lonardelli's Case, 856 N.E.2d 890 (Mass. App. Ct. 2006). “The self-insurer’s argument is based on G. L. c. 152, § 35C, inserted by St. 1985, c.”

Camara's Case, 878 N.E.2d 941 (Mass. App. Ct. 2007). “Our conclusion, that for purposes of the § 34B cost of living adjustment to § 35B benefits the “date of injury” should be the date of the employee’s subsequent injury, is also consistent with the treatment of adjustments to benefits under G. L. c. 152, § 35C, 11 in cases where…”

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