Bradley's Case

On a report by a single justice of this court on the employee’s appeal from a decision of the reviewing board of the Department of Industrial Accidents (department) summarily affirming the administrative judge, we are presented with the question whether vacation pay received by an employee who is also receiving partial incapacity compensation benefits pursuant to G. L. c. 152, § 35, is to be treated as earnings or as a fringe benefit. The administrative judge concluded, on undisputed facts, that the employee’s vacation pay counts as wages, to be included in the calculation of the amount of…