Workers' Compensation Practice in Massachusetts
Practical, comprehensive, and easy-to-use

- Product Number: 2010272B00
- Publication Date: 6/30/2025
- Edition: 5th Edition 2025
- Copyright: © 2025 MCLE, Inc.
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Workers' Compensation Practice in Massachusetts
Practical, comprehensive, and easy-to-use
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Pricing: $195.00; Members: $175.50; New Lawyers: $97.50

- Product Description
- Table of Contents
- Editors & Authors
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Product Description
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:
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Update: June 2025
Dear Subscriber:
Thank you for updating your library with the 2025 edition of Workers' Compensation Practice in Massachusetts . This latest version of the book brings updated resources within your immediate reach—for fast, accurate, and practical answers to your questions.
Highlights from the issues reflected in this edition include the following:
- recent cases defining compensable injury, including distinctions between "major cause" and "predominant cause" and between injuries that develop gradually and mere wear and tear;
- an "essential worker's" long-term COVID-19 illness determined to be an inherent risk of the worker's employment;
- use of the "but for" standard to determine whether an accident has caused a worker's emotional injury;
- revision of the form used in connection with lump-sum settlements;
- the use of online accounts for practice before the Department of Industrial Accidents (DIA);
- procedures for conciliations, conferences, hearings, and mediations;
- examples of substantially limiting impairments;
- work-related injuries that are aggravated or prolonged by a prior disability; and
- an appendix, new for the 2025 edition, offering tips from practitioners and DIA judges on a wide range of subjects, including specific sections of the Workers' Compensation Act, structured settlements, MassHealth liens, forms, motions, technology, hearing practice, and calculation of benefits.
We trust you will find the 2025 edition of 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.
Cordially,
MCLE Press
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Update: June 2025
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Table of Contents
Table of Contents
expand allChapter 01 expandExhibit 1A
- Attorney General Advisory Buy FormChapter 02 expandDefining Personal Injury Under Chapter 152
Buy ChapterChapter 03 expandChapter 04 expandScarring and Disfigurement: Calculating Section 36 Benefits
Buy ChapterChapter 05 expandChapter 06 expandRepresenting the Claimant from Initial Intake to Filing of Claim
Buy ChapterChecklist 6.1
- Checklist for Initial Interview Regarding Workers’ Compensation Claim Buy FormChecklist 6.2
- Checklist for Filing a Workers’ Compensation Claim Buy FormExhibit 6A
- DIA Form 115 (Third Party Claim/Notice of Lien) Buy FormExhibit 6B
- DIA Form 114 (Notice of Change/Appearance of Counsel) Buy FormExhibit 6C
- DIA Form 110 (Employee’s Claim) Buy FormChapter 07 expandRepresenting the Employer/Insurer in the Initial Stages of Claim Filing or Litigation
Buy ChapterScott E. Richardson, Esq., The Law Offices of Steven B. SteinChapter 08 expandPractice and Procedure Before the Department of Industrial Accidents: The Department’s Perspective
Buy ChapterFred Capone, Esq., Department of Industrial Accidents, Commonwealth of MassachusettsExhibit 8A
- An Overview of the Document Management System (DMS) of the Massachusetts Department of Industrial Accidents Buy FormChapter 09 expandPractice and Procedure Before the Department of Industrial Accidents: The Employee’s Perspective
Buy ChapterExhibit 9A
- Employee Biographical Data Sheet (DIA Form 160) Buy FormExhibit 9AA
- Joint Prehearing Memorandum Buy FormExhibit 9B
- Sample Narrative Report of First Medical Visit Buy FormExhibit 9BB
- Sample Notification of Medical Evidence to Be Introduced Buy FormExhibit 9C
- Sample Requests for Doctor’s Narrative Report Buy FormExhibit 9CC
- Social Security Form CR-28 (COLA Data Form) Buy FormExhibit 9D
- Sample HIPAA Release Form Buy FormExhibit 9DD
- COLA Offset Worksheet Buy FormExhibit 9E
- Sample Authorization for Representation Buy FormExhibit 9EE
- Form SSA-149, Waiver of Benefit Payments Buy FormExhibit 9F
- Petition for Approval of Third Party Settlement Buy FormExhibit 9FF
- Agreement to Participate in Mediation Buy FormExhibit 9G
- Sample Employee’s Request for Production of Documents Buy FormExhibit 9H
- DIA Home Page Buy FormExhibit 9I
- DIA Online Forms Page Buy FormExhibit 9J
- Insurance Inquiry Form Buy FormExhibit 9K
- DIA Form 110 (Employee’s Claim) Buy FormExhibit 9L
- DIA Form 110 (Employee’s Claim) with Cover Letter Buy FormExhibit 9M
- Sample Form 110, Employee’s Claim Buy FormExhibit 9N
- DIA Form 113 (Agreement to Pay Compensation) Buy FormExhibit 9O
- Section 19 Agreement Buy FormExhibit 9P
- DIA Form 131 (Request for Speedy Conference Because of Hardship) Buy FormExhibit 9Q
- DIA Form 132 (Affidavit in Support of Employee’s Request for Speedy Conference Because of Hardship) Buy FormExhibit 9R
- DIA Form 112A (Affidavit in Support of Request for Waiver of Filing Fee Under Section 11C) Buy FormExhibit 9S
- Conference Memorandum Cover Sheet Buy FormExhibit 9T
- DIA Form 121 (Appeal of Conference Proceeding) Buy FormExhibit 9U
- DIA Circular Letter No. 356 (October 4, 2021; Effective October 1, 2021) Buy FormExhibit 9V
- Sample Motion for Expanded Attorney Fees Buy FormExhibit 9W
- Last Best Offer Form Buy FormExhibit 9X
- Agreement That No Impartial Physician Report Is Required Buy FormExhibit 9Y
- Notice of Taking Deposition Buy FormExhibit 9Z
- Explanation of Computation of Interest Buy FormChapter 10 expandPractice and Procedure Before the Department of Industrial Accidents: The Employer’s/Insurer’s Perspective
Buy ChapterMonique M. Chiacchia, Esq., TravelersChapter 11 expandImpartial Examiners—A Guide to Section 11A Practice
Buy ChapterChristine Griggs Narcisse, Esq., McGuire & McGuire, PCChapter 12 expandTips for Obtaining Discovery and Preparing for Hearing: The Insurer’s Perspective
Buy ChapterPauline A. Jauquet, Esq., Law Office of M.B.SchneiderChecklist 12.1
- Checklist of Potential Areas for Cross-Examination of a Workers’ Compensation Claimant Buy FormChecklist 12.2
- Checklist of Tips for Working with Vocational Experts Buy FormExhibit 12A
- Sample Insurer’s Request for Production of Documents Buy FormExhibit 12B
- Sample Subpoena Buy FormExhibit 12C
- Sample HIPAA Release Form Buy FormExhibit 12D
- Sample Insurer’s Hearing Memorandum Buy FormExhibit 12E
- Sample Outline for Cross-Examination of a Claimant Buy FormExhibit 12F
- Sample Outline for Direct Examination of a Vocational Expert Buy FormExhibit 12G
- Sample Motion in Limine with Supporting Memorandum Buy FormExhibit 12H
- Sample Motion to Submit Additional Medical Evidence Buy FormChapter 13 expandChapter 14 expandAppeal Practice Before the Department of Industrial Accidents and the Courts
Buy ChapterChapter 15 expandScientific Evidence and the Use of Lanigan and Daubert
Buy ChapterChapter 16 expandUse of the Department’s Vocational Rehabilitation Component
Buy ChapterChapter 17 expandUtilization Review in Massachusetts
Buy ChapterDiane M. Neelon, Esq., Department of Industrial Accidents, Commonwealth of MassachusettsChapter 18 expandAlternative Dispute Resolution in Workers’ Compensation Cases
Buy ChapterHon. Roger S. Lewenberg, Department of Industrial Accidents, Commonwealth of Massachusetts (Ret.)Chapter 19 expandLump-Sum Settlements: The Law, the Procedure, and Some Practical Tips
Buy ChapterJacqueline Hartley, Esq., Law Offices of Nicole D. Sullivan and Associates, PC
Nicole Duca Sullivan, Esq., Law Offices of Nicole D. Sullivan and Associates, PCChecklist 19.1
- Checklist for Lump-Sum Settlements Buy FormExhibit 19A
- DIA Form 116A (Employer’s Consent to Settlement) Buy FormExhibit 19B
- Administrative Bulletin No. 10: Post-COVID Changes for Dispute Resolution Events Buy FormExhibit 19C
- Administrative Bulletin No. 4: Online Filing Buy FormExhibit 19D
- Bulletin from Senior Judge Hernández Buy FormExhibit 19E
- Request for Section 46A Conference in Conjunction with Lump Sum Under Section 48 Buy FormExhibit 19F
- Lump-Sum Settlement Agreement for Injuries Prior to November 1, 1986 Buy FormExhibit 19G
- Lump-Sum Settlement Agreement for Injuries on and After November 1, 1986 Buy FormExhibit 19H
- Office of Education and Vocational Rehabilitation Memorandum on Lump-Sum Procedure Buy FormExhibit 19I
- DIA Form 116B (Vocational Rehabilitation Status Addendum) Buy FormExhibit 19J
- DIA Form 116C (Employee’s Lien Disclosure) Buy FormExhibit 19K
- Sample Letter of Notice Pursuant to G.L. c. 175, § 24D Buy FormChapter 20 expandRecovering from Third Parties: Settlements, Section 15 Liens, and Hunter Fees
Buy ChapterJacqueline Hartley, Esq., Law Offices of Nicole D. Sullivan and Associates, PC
Nicole Duca Sullivan, Esq., Law Offices of Nicole D. Sullivan and Associates, PCChapter 21 expandInteraction Between Workers’ Compensation and Other Disability Benefits
Buy ChapterJane Eden, Esq., Eden Rafferty, PCChapter 22 expandThe Relationship Between the Americans with Disabilities Act, Massachusetts Handicap Discrimination Law, and the Massachusetts Workers’ Compensation Act
Buy ChapterEllen J. Messing, Esq., Messing, Rudavsky & Weliky, PC
James S. Weliky, Esq., Messing, Rudavsky & Weliky, PCChapter 23 expandMedicare Reimbursement Rights and Enforcement Relating to Workers’ Compensation Cases
Buy ChapterPauline A. Jauquet, Esq., Law Office of M.B.SchneiderChapter 24 expandTips for Working with Self-Insurers and Self Insurance Groups
Buy ChapterChapter 25 expandThe View from the Bench at Conference and Hearing
Buy ChapterHon. Lauren M. Bergheimer, Department of Industrial Accidents, Commonwealth of Massachusetts
Hon. Marguerite O'Neill, Department of Industrial Accidents, Commonwealth of MassachusettsApendix expand100 Top Tips for Practice at the Department of Industrial Accidents
Buy Chapter -
Editors & Authors
Editor(s)
Hon. Tamara L. Ricciardone, Department of Industrial Accidents, Commonwealth of Massachusetts, BostonJudicial Commentator(s)
Hon. Dennis M. Maher, Department of Industrial Accidents, Commonwealth of Massachusetts, WorcesterAuthor(s)
Hon. Lauren M. Bergheimer, Department of Industrial Accidents, Commonwealth of Massachusetts, Fall RiverSteven Edward Brady, Esq., ShrewsburyFred Capone, Esq., Department of Industrial Accidents, Commonwealth of Massachusetts, BostonMonique M. Chiacchia, Esq., Travelers, ProvidenceKaylene Crum, Esq., BCL Law LLP, BraintreeJane Eden, Esq., Eden Rafferty, PC, WorcesterJacqueline Hartley, Esq., Law Offices of Nicole D. Sullivan and Associates, PC, WestboroughPauline A. Jauquet, Esq., Law Office of M.B.Schneider, SalemDeborah G. Kohl, Esq., Law Offices of Deborah G. Kohl, Fall RiverHon. Roger S. Lewenberg, Department of Industrial Accidents, Commonwealth of Massachusetts (Ret.), HullChristine Griggs Narcisse, Esq., McGuire & McGuire, PC, WorcesterDiane M. Neelon, Esq., Department of Industrial Accidents, Commonwealth of Massachusetts, BostonHon. Marguerite O'Neill, Department of Industrial Accidents, Commonwealth of Massachusetts, Fall RiverScott E. Richardson, Esq., The Law Offices of Steven B. Stein, BostonNicole Duca Sullivan, Esq., Law Offices of Nicole D. Sullivan and Associates, PC, WestboroughMatthew Jay Sussman, Esq., D'Angelo Law Group LLC, BurlingtonAdam J. Troupe, Esq., The Troupe Law Office, PeabodyWilliam H. Troupe, Esq., The Troupe Law Office, PeabodyJames S. Weliky, Esq., Messing, Rudavsky & Weliky, PC, Newton