Giannakopoulos v. Boston College, No

1 Citing case

  1. Martin v. Sunbridge Care and Reh. for Hadley, No

    No. 008711-01 (Mass. DIA Jan. 18, 2008)   Cited 1 times

    Our recent decisions have clarified it is not part of the employee's burden of proof in ยงยง 34 and 34A claims to produce evidence of a search for work. In Giannakopoulos v. Boston College, 18 Mass. Workers' Comp. Rep. 241, 244-245 (2004), we held: While evidence of attempts to secure employment can bepertinent in particular cases, where an employee's medical limitations and transferable skills suggest the appropriateness of that inquiry (see McCann'sCase, [ 286 Mass. 541, 544 (1934)]), we decline to implement a prerequisite to receipt of total incapacity benefits that the act does not. See LaFlam's Case, 355 Mass. 409, 411 (1969); Svedberg v. Roy Gagnon Plumbing Heating Co., 4 Mass. Workers' Comp. Rep. 160 (1990) (no outright duty of employee to seek work to prevail on claim for permanent and total incapacitiy benefits).