Freeman v. NewPage Corp.

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Brenda Freeman was injured in a work-related accident in 2007. Freeman returned to work but in a lower-paying position. Because of the decrease in her wages, Freeman received partial incapacity benefit payments. In 2011, Freeman suffered a second work-related injury. During Freeman’s period of incapacity, her employer paid 100 percent partial incapacity benefits based on the 2007 injury. Freeman filed a petition for award of compensation claiming that although she was already receiving benefits that equaled the maximum compensation rate as a result of her 2007 injury, she was eligible for additional compensation for the same period as a result of her 2011 injury. The hearing officer concluded that Freeman was ineligible for compensation beyond the statutory maximum benefit, regardless of the number of injuries. The Workers’ Compensation Board Appellate Division affirmed. The Supreme Judicial Court affirmed, holding that the hearing officer correctly construed the statutory maximum benefit provision of the Workers Compensation Act as a total ceiling on the potential benefits available to an injured employee, regardless of the number of injuries the employee suffers. View "Freeman v. NewPage Corp." on Justia Law