Mike's Case

This appeal presents the question whether the reviewing board of the Department of Industrial Accidents (reviewing board) erred in excluding unemployment compensation benefits, G. L. c. 151 A, § l(r)(2), received by the employee, Steven Mike, from the computation of his average weekly wages pursuant to G. L. c. 152, § 1(1), in determining his workers’ compensation benefits under G. L. c. 152, § 34.

The employee was injured in the course of his employment with Zebra Striping and Sealcoat Co., on July 30, 2005. He received temporary total incapacity workers’ compensation benefits from the…