Massachusetts General Laws

Mass. Gen. Laws ch. 152, § 36A (2026)

Death before full payment of compensation for specified injuries; brain damage

✓ current as of July 2026

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Section 36A. In the event that an injured employee who has become entitled to compensation under section thirty-six dies before fully collecting the said compensation, the balance remaining shall become due and payable in a lump sum to his dependents, or if none, to his surviving issue, or if no surviving issue, then to surviving parents, or if no surviving parents then to surviving brothers and sisters. If there are none of the persons described in the preceding sentence remaining to receive such compensation, then the balance of compensation remaining at the death of the employee shall be paid into the special fund in the custody of the state treasurer established under section sixty-five, to be used for the purposes and in the manner prescribed in said section sixty-five.

Where any specified loss, losses or disfigurement under section thirty-six is a result of an injury involving brain damage, payment in total under that section for the sum of such loss, losses or disfigurement resulting from said brain damage shall not exceed an amount equal to the average weekly wage in the commonwealth at the date of injury multiplied by one hundred and five. In no event shall payments be made under this section to any employee where the death of such employee occurs within forty-five days of the injury.

Notes of Decisions

Cited in 16 cases, 1960–2013 · leading case: Walker's Case, 819 N.E.2d 595 (Mass. 2004).

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Walker's Case, 819 N.E.2d 595 (Mass. 2004). · cites it 6× “152, § 36, or are his benefits limited by G. L. c. 152, § 36A, which provides among other things for specific compensation for “an injury involving brain damage?” The question arises in this case as a consequence of debilitating brain damage suffered by Stanley E.”

Spaniol's Case, 992 N.E.2d 1028 (Mass. 2013). · cites it 2× “We note that the definitions of the terms “cash award” and “amount payable to the employee within the first month from the date of the voluntary payment, order or decision” include compensation payable to an employee under G. L. c. 152, § 36A. See 452 Code Mass. Regs.”

Walker's Case, 901 N.E.2d 1227 (Mass. 2009). · cites it 3× “The administrative judge also ruled that, because Walker’s losses resulted from a brain injury, G. L. c. 152, § 36A, 2 governed his claim and limited any recovery to which he might have been entitled.”

Eisner v. Hertz Corp., 407 N.E.2d 1286 (Mass. 1980). “152, § 33, and $44,000 in specific injury benefits to which the employee had become entitled, G. L. c. 152, § 36A. 3 General Laws c. 152, § 15, provides: “Where the injury for which compensation is payable was caused under circumstances creating a legal liability in some person…”

Madariaga's Case, 475 N.E.2d 753 (Mass. App. Ct. 1985). · cites it 2× “The decedent Madariaga’s widow (the claimant) sought before the Industrial Accident Board (the board) benefits under G. L. c. 152, § 36A, based on injuries incurred by the decedent at work on June 27, 1981, when (during an early morning holdup at the restaurant where he worked)…”

McDonough's Case, 858 N.E.2d 1084 (Mass. 2006). “152, § 36 (providing compensation for disfigurement regardless of incapacity); G. L. c. 152, § 36A (designating payments to nondependent relatives, or to special fund, if no dependents exist).”

Bertocchi's Case, 791 N.E.2d 384 (Mass. App. Ct. 2003). “152 may be enforced by his estate or by certain named family members (see G. L. c. 152, § 36A) after his death. See Locke, Workmen’s Compensation § 469 (2d ed.”

Papanastassiou's Case, 284 N.E.2d 598 (Mass. 1972). “…more was required. There was no error. Decree affirmed. 1 The payments were ordered in a lump sum in accordance with G. L. c. 152, § 36A. (Also ordered was accrued dependency compensation under § 31; burial compensation under § 33; $500 under § 65N and various costs under §§…”

Mugford's Case, 701 N.E.2d 654 (Mass. App. Ct. 1998). “The court also observed that the widow’s claim under G. L. c. 152, § 36A, was not subject to the provisions of § 51A because the Legislature does not intend a claimant to receive lower benefits with the application of § 51A than without it.”

Lauble's Case, 170 N.E.2d 720 (Mass. 1960). “491, 495 , established that G. L. c. 152, § 36A, gives to dependents the rights to specific compensation under § 36 to which a deceased employee had become entitled at the time of “the happening of the event upon which the employee bases his claim.”

Bagge's Case, 338 N.E.2d 348 (Mass. 1975). · cites it 2× “G. L. c. 152, § 36A. 3 After the appeal was entered in the Appeals Court, we transferred the case here for direct review, on our own initiative.”

Conte v. P.A.N. Constr. Co., 746 N.E.2d 162 (Mass. App. Ct. 2001). “at 482 (§ 51A not applicable to claim by decedent’s widow for special death benefits provided by G. L. c. 152, § 36A, where insurer had been paying widow weekly death benefits provided by § 31 of the statute since date of her husband’s death).”

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