Massachusetts Regulations 452.3.02
From Wcc
§ 452.3.02 Payment Of Benefits For Disabilities Subject To Latency
| (1) For purposes of M.G.L. c. 152 sec. 35C, applicable benefits on the first date of eligibility for benefits shall be based on the employee's average weekly wage as of such first date of eligibility for benefits, or, if the employee is not employed on that date, it shall be based on the employee's average weekly wage as of the employee's last date of employment.
(2) Payment of benefits under M.G.L. c. 152, secs. 31, 34, 34A, or 35 within five years of the date of injuury shall preclude applicability of M.G.L. c. 152, sec. 35C. (3) For purposes of M.G.L. c. 152, sec. 65(2)(b), "adjustments to compensation pursuant to M.G.L. c. 152 sec 35C" shall mean any increase in benefits paid to an employee as a result of the applicability of the first subsection of M.G.L. c. 152, sec. 35C. |
