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Workers' Compensation Practice in Massachusetts

Practical, comprehensive, and easy-to-use

2010272B00
5/2/2018
872 pages in 2 volumes (printed book)
3rd Edition 2015, with 2018 Supplement
© 2018 MCLE, Inc.
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Product Description

Designed as a comprehensive and practical guide to the intricacies of the Massachusetts Workers' Compensation Act (G.L. Chapter 152) and practice before the Department of Industrial Accidents, Workers' Compensation Practice in Massachusetts assists general practitioners and workers' compensation specialists alike. The book addresses workers' compensation law in detail—covering such topics as the types of employees and injuries subject to the statute and the types of benefits available—and reviews each of the stages in the progression of a workers' compensation proceeding, from initial filing through appeal. The book also discusses a number of important related topics, including settlement procedures and the interaction between workers' compensation law and disability statutes.

Recent updates:

  • Update: April 2018

    Dear Subscriber:

    Thank you for updating your reference library with the 2018 supplement to Workers' Compensation Practice in Massachusetts, incorporating the latest developments in Massachusetts workers' compensation law and practice.

    The following are among the many issues in workers compensation practice addressed in this supplement:

    • assessing a continuing causal connection between a workplace injury and a resulting incapacity, notwithstanding non-work-related activities;
    • the circumstances under which a psychological injury will be considered compensable;
    • the scope of the "bona fide personnel action" defense in determining liability under the workers' compensation statute;
    • the circumstances under which expert testimony will be necessary to address medical issues of causation and disability;
    • a newly inserted discussion of data available on social media and wearable fitness devices and their potential application to workers' compensation cases;
    • developments in the website of the Department of Industrial Accidents and the department's Document Management System (DMS);
    • the creation of a two-year pilot program—the Opioid Alternative Treatment Pathway (OATP)—for injured workers being treated for opioid addiction following the execution of lump sum agreements;
    • the exclusion of allocations for conscious pain and suffering and for the loss of consortium of family members from the portion of a recovery considered to be for the benefit of the insurer; and
    • updated case law on a range of issues arising from the introduction of expert testimony in workers' compensation cases.

    We trust you will find Workers' Compensation Practice in Massachusetts a valuable resource, as we at MCLE continue our efforts to bring you the latest solutions to the issues you face in your practice.

    Very truly yours,

    John M. Lawlor, Esq., MCLE Publications Attorney

  • Update: January 2015

    Dear Subscriber:

    Thank you for updating your reference library with the 2014 edition of Workers' Compensation Practice in Massachusetts, incorporating the latest developments in Massachusetts workers' compensation law and practice.

    For this edition, MCLE has added a chapter on psychiatric claims, reviewing the nature of such claims and discussing how they are addressed within the workers' compensation system. The Honorable Dennis M. Maher and the Honorable Fred A. Taub, administrative judges at the Department of Industrial Accidents (DIA), have extensively revised the book's judicial commentary for 2014. And "The View from the Bench at Conference and Hearing," a substantially revised chapter now authored by Judge Taub and the Honorable Michael E. Williams, offers an invaluable judicial perspective on how counsel can most effectively represent their clients in proceedings at the DIA.

    Among the many developments in workers' compensation practice that are addressed in this edition are the following:

    • guidance from the Appeals Court on the nature of the required causal relationship between the work-related incident and the employee's disability;
    • analysis of combination injuries and the scope of the defense provided under G.L. c. 152, § 1(7A);
    • reconciliation of existing guidelines in determining monetary amounts for disfigurement awards;
    • a decision from the Supreme Judicial Court prohibiting offsets from Section 36 awards to pay for attorney fees pursuant to G.L. c. 152, § 13A(10);
    • a number of changes in practices at the DIA, including the establishment of a new "walk in" lump sum request procedure;
    • developments on the admissibility of expert opinion; and
    • updated law under the Americans with Disabilities Act on the reassignment of disabled employees.

    We trust you will find Workers' Compensation Practice in Massachusetts a valuable resource, as we at MCLE continue our efforts to bring you the latest solutions to the issues you face in your practice.

    Very truly yours,

    John M. Lawlor, Esq., MCLE Publications Attorney

Table of Contents

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Chapter 1 - Who Are Covered Employees? (Buy Chapter)
Chapter 2 - Defining Personal Injury Under Chapter 152 (Buy Chapter)
Chapter 3 - Types of Workers’ Compensation Benefits (Buy Chapter)
Chapter 4 - Scarring and Disfigurement: Calculating (Buy Chapter)
Chapter 5 - Psychiatric Claims (Buy Chapter)
Chapter 6 - Representing the Claimant from Initial Intake to Filing of Claim (Buy Chapter)
Chapter 7 - Representing the Employer/Insurer in the Initial Stages of Claim Filing or Litigation (Buy Chapter)
Chapter 8 - Practice and Procedure Before the Department of Industrial Accidents: The Department’s Perspective (Buy Chapter)
Chapter 9 - Practice and Procedure Before the Department of Industrial Accidents: The Employee’s Perspective (Buy Chapter)
Chapter 10 - Practice and Procedure Before the Department of Industrial Accidents: The Employer’s/?Insurer’s Perspective (Buy Chapter)
Chapter 11 - Impartial Examiners—A Guide to Section 11A Practice (Buy Chapter)
Chapter 12 - Tips for Obtaining Discovery and Preparing for Hearing: The Insurer’s Perspective (Buy Chapter)
Chapter 13 - Considerations for Hearing (Buy Chapter)
Chapter 14 - Appeal Practice Before the Department of Industrial Accidents and the Courts (Buy Chapter)
Chapter 15 - Scientific Evidence and the Use of Lanigan and Daubert (Buy Chapter)
Chapter 16 - Use of the Department’s Vocational Rehabilitation Component (Buy Chapter)
Chapter 17 - Utilization Review in Massachusetts (Buy Chapter)
Chapter 18 - Alternative Dispute Resolution in Workers’ Compensation Cases (Buy Chapter)
Chapter 19 - Lump Sum Settlements: The Law, the Procedure, and Some Practical Tips (Buy Chapter)
Chapter 20 - Recovering from Third Parties: Settlements, Section 15 Liens, and Hunter Fees (Buy Chapter)
Chapter 21 - Interaction Between Workers’ Compensation and Other Disability Benefits (Buy Chapter)
Chapter 22 - The Relationship Between the Americans with Disabilities Act, Massachusetts Handicap Discrimination Law, and the Massachusetts Workers’ Compensation Act (Buy Chapter)
Chapter 23 - Medicare Reimbursement Rights and Enforcement Relating to Workers’ Compensation Cases (Buy Chapter)
Chapter 24 - Tips for Working with Insurance Company Claims Adjusters, Self-Insurance Groups, and Self-Insureds (Buy Chapter)
Chapter 25 - The View from the Bench at Conference and Hearing (Buy Chapter)

Editor(s)

Judicial Commentator(s)

Hon. Dennis M. Maher, Department of Industrial Accidents, Commonwealth of Massachusetts, Worcester

Author(s)

Joseph F. Agnelli, Jr., Esq., Agnelli Law Offices, PC, Worcester
Hon. Fred Capone, Department of Industrial Accidents, Commonwealth of Massachusetts, Boston
Elizabeth J. Carmichael, Carmichael Associates LLC, South Hadley
Jane Eden, Esq., Eden Rafferty, PC, Worcester
John D. Hislop, III, Esq., The Law Office of John D Hislop III, Boston
Beth R. Levenson, Esq., Lipsey & Clifford, PC, Hanover
Christine Griggs Narcisse, Esq., McGuire & McGuire, PC, Worcester
Diane M. Neelon, Esq., Department of Industrial Accidents, Commonwealth of Massachusetts, Boston
Scott E. Richardson, Esq., The Law Offices of Steven B. Stein, Boston
Hon. James V. Ryan, JAMS, Boston
Christina Schenk-Hargrove, Esq., Smith Duggan Buell & Rufo, LLP, Boston
Nicole Duca Sullivan, Esq., Law Offices of Nicole D. Sullivan and Associates, PC, Westborough
Adam J. Troupe, Esq., The Troupe Law Office, Peabody
William H. Troupe, Esq., The Troupe Law Office, Peabody
Matthew J. Walko, Esq., Smith Duggan Buell & Rufo, LLP, Boston
Hon. Michael Williams, Department of Industrial Accidents, Commonwealth of Massachusetts, Boston

Speaker(s)

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Print Book (printed book) $245.00 $220.50 $183.75
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