Posts tagged "1012116"

Marchand v. Department of Correction, et al. (Lawyers Weekly No. 10-121-16)

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SJC-11949

MARK MARCHAND  vs.  DEPARTMENT OF CORRECTION & another.[1]

August 11, 2016.

Correction Officer.  Public Employment, Assault pay benefits.

On January 21, 2008, while working for the defendant Department of Correction (department), the plaintiff, Mark Marchand, sustained a knee injury when he intervened to protect a fellow employee from an assault by an inmate.  As a result of the injury, Marchand began to receive workers’ compensation benefits, pursuant to G. L. c. 152, as well as assault pay, pursuant to G. L. c. 30, § 58.  On November 19, 2010, after a hearing, the department’s acting commissioner determined that Marchand was medically unfit for duty and separated him from employment as of that date.  Although Marchand continued to receive workers’ compensation benefits until July 4, 2013, the department stopped paying assault pay as of the date of Marchand’s separation from employment.[2] read more

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Posted by Massachusetts Legal Resources - August 11, 2016 at 5:56 pm

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