Moog v. Commonwealth

The Commonwealth urges on appeal that c. 30, § 58, authorizes assault *842pay to “an employee” who is injured while in the performance of his duty and that Moog became ineligible for such pay when he resigned from his job during the period of his injury-related workers’ compensation eligibility.2 The provision should be seen as analogous to G. L. c. 41, § 111F, the Commonwealth argues. That statute gives full pay to police and firefighters injured in the line of duty, but a resignation by the employee terminates all benefits under it. Moog argues, and the Superior Court judge agreed, that the…