Sjoberg's Case

We granted further appellate review to consider whether an injured employee whose average post-injury earnings ultimately exceed his average pre-injury weekly wage solely because of his working substantial overtime hours, is precluded from receiving partial compensation under G. L. c. 152, § 35. The Appeals Court held that the Industrial Accident Board (board) and the Superior Court correctly concluded that the employee was not so precluded. Sjoberg’s Case, 18 Mass. App. Ct. 1 (1984). We agree that there is no error in the board’s determination and we affirm the judgment of the Superior Court…