Marchand v. Dep’t of Corr.Annotate this Case
Plaintiff sustained a knee injury while working for the Department of Correction. Plaintiff initially received workers’ compensation benefits, as well as assault pay, but after Plaintiff was separated from employment due to a finding that he was medically unfit for duty, the Department stopped paying assault pay. Plaintiff then commenced this action seeking a declaration that he was entitled to continue receiving assault pay for so long as he was receiving workers’ compensation benefits. The superior court agreed and ordered that judgment enter declaring that Plaintiff was entitled to assault pay retroactive to the date of his separation from employment. The Supreme Judicial Court reversed, holding that a Commonwealth employee’s right to assault pay ceases with his or her separation from employment.