Benoit v. City of BostonAnnotate this Case
Plaintiff filed suit against the City, seeking enforcement of the Department of Industrial Accidents' (DIA) order to restore plaintiff's workers' compensation payments. The City suspended plaintiff's payments under the suspension statute, G.L. c. 268A, 25, after it learned that plaintiff had been indicted on charges related to misuse of controlled substances. The Massachusetts Supreme Judicial Court held that workers' compensation benefits are not "compensation" as defined in the suspension statute, because they are not payments made "in return for services rendered." Therefore, the Superior Court actions brought by plaintiff to enforce the orders of the DIA were dismissed in error. The Massachusetts Supreme Judicial Court reversed and remanded.