Lonardelli's Case

Based on an injury the employee received in 1981, the employee in July, 2002, was awarded permanent and total incapacity benefits under G. L. c. 152, § 34A, from October 5, 2000, and continuing. General Laws c. 152, § 34B,1 provides for benefits under § 34A to be supplemented annually on the “review date” by a cost of living adjustment (COLA) calculation in accordance with a methodology set out in § 34B. The review date is “October first of each year.” Ibid. The issue in dispute is which year the COLA benefit was to begin: 2000, as contended by the employee and by the dissenting member of the…