411 Mass. 1003

December 10, 1991

S. Joseph MacLellan for the insurer.

Laurence S. Locke for the employee.

This case is strikingly similar to Borofsky's Case, ante 379 (1991), also decided today, to the extent that it questions whether the term "average weekly wage," as used in G. L. c. 152 (1990 ed.), the workers' compensation law, includes the value of employer-paid medical insurance. Unlike Borofsky's Case, the employer in this case was obligated to pay the cost of employees' medical insurance under a collective bargaining agreement. This is the only difference between the cases.

For all the reasons supporting the exclusion of the value of health insurance in Borofsky's Case, we hold that the value of health insurance should be excluded from the calculation of the average weekly wage in the present case.

The decision of the reviewing board of the Department of Industrial Accidents is affirmed.

So ordered


411 Mass. 1003

January 6, 1992

The plaintiff, pro se, submitted a brief.

This is an appeal from a judgment of a single justice of this court denying a petition brought under G. L. c. 221, Section 31 (1990 ed.). [Note 1] We affirm.

There is nothing in Section 31 which lends itself to the relief sought by the plaintiff, who complains that the defendant assumed authority to act on his motions without ever submitting them for action by a Justice of the Appeals Court.

Judgment affirmed.


[Note 1] General Laws c. 221, Section 31 (1990 ed.), provides: "The two preceding sections ['Records; duty of justices to inspect'; `Forfeiture of bond'] shall not exempt a clerk or assistant clerk from an action for any other breach of the condition of his bond or from his liability in any other way or to any party for neglect or misconduct in his office."