Bernardo's Case

There is no dispute that the employee was injured on October 24, 1980, that he received workers’ compensation benefits for a short time and then returned to work, that he again left work on January 14, 1983, because of an injury, and that, on September 12, 1984, a single member of the Industrial Accident Board (board), pursuant to G. L. c. 152, § 7, ordered the insurer to pay the employee benefits in accordance with § 35B, that is, at the weekly rate in effect on January 14, 1983. The dispute begins in October, 1985, when the insurer stopped making payments to the employee, who then sought…