Moss's Case

If an employee cannot testify in his or her own behalf in seeking workers’ compensation benefits, how can the claim be proved? One answer to this question can be found in G. L. c. 152, § 7A (§ 7A), which establishes prima facie evidence of various elements of a workers’ compensation claim when an employee has been rendered unable to testify by reason of injury or death occurring at the workplace. In this case, we examine the interaction between § 7A and G. L. c. 152, § 28 (§ 28), which provides for double compensation when an employee’s injury results from the “serious and wilful misconduct”…