Assuncao's Case

This is an appeal from a judgment of the Superior Court ordering the insurer to pay dependency benefits for the children of the employee under G. L. c. 152, § 35A. The judgment was issued in enforcement of the order of a single member of the Industrial Accident Board (board) which was issued after a conference held pursuant to G. L. c. 152, § 7. The issue posed by the insurer-appellant is whether § 35A authorizes such payments for child dependency to an employee when his wife is simultaneously collecting such benefits as a result of her own work related injury for the same dependent children.…