McLeod's Case

General Laws c. 152, § 51A, inserted by St. 1969, c. 833, § 1, provides: “In any claim [for workmen’s compensation] in which no compensation has been paid prior to the final decision on such claim, said final decision shall take into consideration the compensation provided by statute on the date of the decision, rather than the date of the injury.” This case presents two questions: (1) whether, in the circumstances contemplated by G. L. c. 152, § 51A, the Industrial Accident Board (board) has discretion to compute benefits at the rates provided by statute at the time of the injury rather than…