Massachusetts General Laws

Mass. Gen. Laws ch. 152, § 35E (2026)

Persons eligible for old age benefits or pension; entitlement to benefits under Secs. 34 or 35

✓ current as of July 2026

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Section 35E. Any employee who is at least sixty-five years of age and has been out of the labor force for a period of at least two years and is eligible for old age benefits pursuant to the federal social security act or eligible for benefits from a public or private pension which is paid in part or entirely by an employer shall not be entitled to benefits under sections thirty-four or thirty-five unless such employee can establish that but for the injury, he or she would have remained active in the labor market. The presumption of non-entitlement to benefits created by this section shall not be overcome by the employee's uncorroborated testimony, or that corroborated only by any of his family members, that but for the injury, such employee would have remained active in the labor market. Claims for compensation, or complaint for modification, or discontinuance of benefits based on this section shall not be filed more often than once every twelve months.

Notes of Decisions

Cited in 2 cases, 1996–1997 · leading case: Tobin's Case, 675 N.E.2d 781 (Mass. 1997).

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Tobin's Case, 675 N.E.2d 781 (Mass. 1997). · cites it 10× “In this workers’ compensation case, the employee, John Tobin, appeals from a decision of the reviewing board of the Department of Industrial Accidents affirming a decision of an administrative judge that the employee’s benefits were to be terminated pursuant to G. L. c. 152, §…”

Phillips's Case, 672 N.E.2d 122 (Mass. App. Ct. 1996). · cites it 4× “Arrow contends on appeal that the board erred by refusing to consider Arrow’s defenses under *613 G. L. c. 152, § 35E, which bars workers’ compensation for retirees in some situations, and under § 41, the statute of limitations.”

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