School Committee v. Medford Public School Custodians Ass'n

We deal in this case with the question whether G. L. c. 152, § 69, prohibits a public employee who is receiving workers’ compensation benefits for total incapacity under c. 152 from accruing the right to additional vacation and longevity pay.

Albert Deady began working as a custodian in the Medford school system in 1971. He was injured on the job on September 9, 1980. As a result of his injury, he stopped work completely in March, 1981, and thereafter received weekly workers’ compensation benefits for total incapacity under G. L. c. 152, § 34. The benefits continued without interruption until…