McLeod's Case

Where a claimant has not been paid compensation prior to a final decision, benefits are to be computed at the rate in effect as of the date of the board’s final decision or as of the date the appellate process, if any, has been concluded. G. L. c. 152, § 51A. See Locke, Workmen’s Compensation § 302 (1981). The judge was in error in concluding that the increased rate of benefits was a matter within the board’s discretion. The fact that the claimant raised this question for the first time under Mass.R.Civ.P. 60, 365 Mass. 828 (1974), does not preclude us from considering the issue, which turns…