Gunderson's Case

We transferred this case from the Appeals Court on our motion to decide whether a retroactive pay increase adopted through collective bargaining arbitration should enter into the calculation of the average weekly wages of Carl Gunderson, an injured employee of the Massachusetts Bay Transportation Authority (MBTA) who is receiving workers’ compensation benefits. The reviewing board (board) of the Department of Industrial Accidents (department) concluded that the employee should receive the benefit of the retroactive pay increase. We agree and affirm the board’s decision.

Gunderson, the…