Public Employee Retirement Administration Commission v. Contributory Retirement Appeal BoardAnnotate this Case
The Supreme Judicial Court affirmed the decision of the superior court affirming a determination by the Contributory Retirement Appeal Board (CRAB) that sick or vacation payments, when used to supplement workers’ compensation payments, are not “regular compensation” as defined in Mass. Gen. Laws ch. 32, 1.
On appeal, the Public Employee Retirement Administration Commission (PERAC) argued that CRAB erred in determining that the supplemental pay received pursuant to Mass. Gen. Laws ch. 152, 69 does not constitute “regular compensation” as defined in Mass. Gen. Laws ch. 32, 1 when received in conjunction with workers’ compensation. The Supreme Judicial Court disagreed, holding that CRAB’s decision was not incorrect as a matter of law.