Rival's Case

This case is before us on a report pursuant to G. L. c. 152, § 11, of the following question of law: May an employee who has incurred an injury specified in G. L. c. 152, § 36,1 and who receives unemployment benefits under c. 151A, also receive partial incapacity benefits under G. L. c. 152, § 35?2

The plaintiff lost his right arm in an industrial accident in 1967 and was subsequently employed on a seasonal basis in a job specially created for him. For approximately four months every winter he was laid off from that job due to the seasonal nature of the work and his inability to perform the…