Massachusetts Appeals Court October 28, 2008, No. 07-P-1837 (Mike's Case)

Cypher, J.

This appeal presents the question whether the reviewing board of the Department of Industrial Accidents (reviewing board) erred in excluding unemployment compensation benefits, G. L. c. 151 A, § l(r)(2), received by the employee, Steven Mike, from the computation of his average weekly wages pursuant to G. L. c. 152, § 1(1), in determining his workers’ compensation benefits under G. L.