McDonough's Case

In this appeal, we are called on to decide a question left open when we previously considered this case, McDonough’s Case, 440 Mass. 603, 608 n.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. L. c. 152, § 31.1 The insurer, Liberty Mutual Insurance Company (Liberty *80Mutual), appeals from the decision of the reviewing board (board) of the Department of Industrial Accidents awarding the minimum benefit to the claimant.* 2 For the following…