Section 3.02 - Payment of Benefits for Disabilities Subject to Latency(1) For purposes of M.G.L. c. 152, § 35C, for claims involving compensation pursuant to M.G.L. c. 152, §§ 34, 34A or 35, applicable benefits on the first date of eligibility for benefits shall be based on the employee's average weekly wage as of such first date of eligibility for benefits, or, if the employee is not employed on that date, it shall be based on the employee's average weekly wage as of the employee's last date of employment. For claims involving compensation pursuant to M.G.L. c. 152, § 31, applicable benefits on the first date of eligibility for benefits shall be based on the employee's average weekly wage as of such first date of eligibility, or, if the employee is not employed on that date, it shall be based on the minimum compensation rate provided in M.G.L. c. 152, § 31.
(2) Payment of benefits under M.G.L. c. 152, §§31, 34, 34A, or 35 within five years of the date of injury shall preclude applicability of M.G.L. c. 152, § 35C.(3) For purposes of M.G.L. c. 152, § 65(2)(b), "adjustments to compensation pursuant to M.G.L. c. 152, § 35C" shall mean any increase in benefits paid to an employee as a result of the applicability of the first subsection of M.G.L. c. 152, § 35C.Amended by Mass Register Issue 1331, eff. 1/27/2017.