In a recent opinion, Marchand v. Department of Correction, Mass. App. Ct. (2015), the Massachusetts Appeals Court recently heard an appeal from a trial court decision, which found that the plaintiff was entitled to continue to receive assault pay benefits for as long as he also received workers’ compensation benefits. The issue stemmed from a disagreement regarding whether the employer was required to continuing paying assault benefits, which would amount to the plaintiff’s full salary, even though he was no longer employed by the state.
The plaintiff was employed as a correctional officer when he attempted to prevent an inmate from assaulting another officer, resulting in an injury to himself. The plaintiff thereafter applied for and was granted workers’ compensation benefits, in the form of temporary total disability benefits for a period of several months and partial disability benefits for a period of five years thereafter.