Letteney's Case

Only employment referred to in G. L. c. 152, § 1 (4), may be used in determining the average weekly wage, for purposes of G. L. c. 152, § 35C, of an employee who becomes eligible for workers’ compensation benefits as a result of an industrial injury that occurred five or more years prior to the date of eligibility.

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The claimant’s husband, Robert Letteney (employee), had been employed at Hercules Powder Co. (Hercules), where he was exposed to asbestos. The last exposure was in 1955. The employee left the employ of Hercules in March of 1959. At that time he apparently took a job with another…