Product Description

Recent updates:

• Update: June 2020

  Dear Subscriber:

  Thank you for updating your reference library with the 2020 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:

  • a conclusion that the independent contractor statute, G.L. c. 149, § 148B, does not displace the definition of "employee" set forth in the workers' compensation statute;

  • the analysis used in determining whether an industrial injury is a "major but not necessarily predominant" cause of a disability;

  • updates to the minimum and maximum wage rates applicable to G.L. c. 152, § 34;

  • recent developments at the Department of Industrial Accidents;

  • a finding that interest under G.L. c. 152, § 50 runs "from the date the department received notice of the claim ultimately resulting in the order awarding benefits" rather than from the date of an earlier, similar claim terminated by agreement;

  • a recognition that an employee who does not appeal an administrative judge's decision may not later achieve a more favorable result if the case is sent back for further consideration;

  • a discussion of the successive insurer rule used in determining insurer responsibility for disability payments;

  • determinations of whether an impartial medical examiner is biased;

  • the inadequacy as a matter of law of an impartial medical opinion where the opinion was "equivocal, inconsistent and lacking in foundation" and the doctor was unable to testify regarding pain management questions at issue in the case;

  • recent developments in disability discrimination law; and

  • a revised discussion of the differences among traditional insurance companies, self-insurance groups, and self-insureds with regard to workers' compensation coverage.

  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: 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

Chapter 1 expand

Who Are Covered Employees?

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Deborah G. Kohl, Esq., Law Offices of Deborah G. Kohl

Exhibit 1A

- Attorney General Advisory Buy Form

Chapter 2 expand

Defining Personal Injury Under Chapter 152

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James M. Brady, Esq., Attorney Jim Brady and Associates, PC
Beth R. Levenson, Esq., Lipsey & Clifford, PC

Chapter 3 expand

Types of Workers’ Compensation Benefits

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Lauren Van Iderstine, Keches Law Group

Chapter 4 expand

Scarring and Disfigurement: Calculating Section 36 Benefits

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Bernard J. Mulholland, Esq., Ford, Mulholland & Moran, PC

Exhibit 4A

- Guide for Calculating Loss-of-Function Benefits Buy Form

Exhibit 4B

- Guidelines for Calculating Disfigurements Other than Scars Buy Form

Exhibit 4C

- Payments for the Amputation of a Hand, Fingers, or Parts Thereof Buy Form

Chapter 5 expand

Psychiatric Claims

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Kaylene M. Crum, Esq., Keches Law Group

Chapter 6 expand

Representing the Claimant from Initial Intake to Filing of Claim

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Joseph F. Agnelli, Jr., Esq., Agnelli Law Offices, PC

Exhibit 6A

- Checklist for Initial Interview Regarding Workers’ Compensation Claim Buy Form

Exhibit 6B

- DIA Form 115 (Third Party Claim/Notice of Lien) Buy Form

Exhibit 6C

- Reserved Buy Form

Exhibit 6D

- Reserved Buy Form

Exhibit 6E

- Checklist for Filing a Workers’ Compensation Claim Buy Form

Exhibit 6F

- DIA Form 114 (Notice of Change/Appearance of Counsel) Buy Form

Exhibit 6G

- DIA Form 110 (Employee’s Claim) Buy Form

Chapter 7 expand

Representing the Employer/Insurer in the Initial Stages of Claim Filing or Litigation

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Scott E. Richardson, Esq., The Law Offices of Steven B. Stein

Exhibit 7A

- DIA Form 114 (Notice of Change/Appearance of Counsel) Buy Form

Exhibit 7B

- DIA Form 104 (Insurer’s Notification of Denial) Buy Form

Exhibit 7C

- DIA Form 126 (Employee’s Earning Report) Buy Form

Chapter 8 expand

Practice and Procedure Before the Department of Industrial Accidents: The Department’s Perspective

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Hon. Fred Capone, Department of Industrial Accidents, Commonwealth of Massachusetts

Exhibit 8A

- An Overview of the Document Management System (DMS) of the Massachusetts Department of Industrial Accidents Buy Form

Chapter 9 expand

Practice and Procedure Before the Department of Industrial Accidents: The Employee’s Perspective

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Adam J. Troupe, Esq., The Troupe Law Office
William H. Troupe, Esq., The Troupe Law Office

Exhibit 9A

- Employee Biographical Data Sheet (DIA Form 160) Buy Form

Exhibit 9B

- Narrative Report of First Medical Visit Buy Form

Exhibit 9C

- Requests for Doctor’s Narrative Report Buy Form

Exhibit 9D

- Sample HIPAA Release Form Buy Form

Exhibit 9E

- Authorization for Representation Buy Form

Exhibit 9F

- Petition for Approval of Third Party Settlement Buy Form

Exhibit 9G

- Employee’s Request for Production of Documents Buy Form

Exhibit 9H

- Insurance Inquiry Form Buy Form

Exhibit 9I

- DIA Form 110 (Employee’s Claim) Buy Form

Exhibit 9J

- DIA Form 110 (Employee’s Claim) with Cover Letter Buy Form

Exhibit 9K

- DIA Form 113 (Agreement to Pay Compensation) Buy Form

Exhibit 9L

- DIA Form 131 (Request for Speedy Conference Because of Hardship) Buy Form

Exhibit 9M

- DIA Form 132 (Affidavit in Support of Employee’s Request for Speedy Conference Because of Hardship) Buy Form

Exhibit 9N

- DIA Form 112A (Affidavit in Support of Request for Waiver of Filing Fee) Buy Form

Exhibit 9O

- Conference Memorandum Cover Sheet Buy Form

Exhibit 9P

- DIA Form 121 (Appeal of Conference Proceeding) Buy Form

Exhibit 9Q

- DIA Circular Letter No. 354 (October 9, 2019; Effective October 1, 2019) Buy Form

Exhibit 9R

- Motion for Expanded Attorney Fees Buy Form

Exhibit 9S

- Last Best Offer Form Buy Form

Exhibit 9T

- Agreement That No Impartial Physician Report Is Required Buy Form

Exhibit 9U

- Notice of Taking Deposition Buy Form

Exhibit 9V

- Explanation of Computation of Interest Buy Form

Exhibit 9W

- Notification of Medical Evidence to Be Introduced Buy Form

Exhibit 9X

- Social Security Form CR-28 (COLA Data Form) Buy Form

Exhibit 9Y

- COLA Offset Worksheet Buy Form

Exhibit 9Z

- Form SSA-149, Waiver of Benefit Payments Buy Form

Chapter 10 expand

Practice and Procedure Before the Department of Industrial Accidents: The Employer’s/Insurer’s Perspective

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Christina Schenk-Hargrove, Esq., Christina Schenk-Hargrove, Attorney

Chapter 11 expand

Impartial Examiners—A Guide to Section 11A Practice

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Christine Griggs Narcisse, Esq., McGuire & McGuire, PC

Chapter 12 expand

Tips for Obtaining Discovery and Preparing for Hearing: The Insurer’s Perspective

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Tamara L. Ricciardone, Esq., Smith Duggan Buell & Rufo LLP

Exhibit 12A

- Sample Insurer’s Request for Production of Documents Buy Form

Exhibit 12B

- Sample Subpoena Buy Form

Exhibit 12C

- Sample HIPAA Release Form Buy Form

Exhibit 12D

- Sample Insurer’s Hearing Memorandum Buy Form

Exhibit 12E

- Checklist of Potential Areas for Cross-Examination of a Workers’ Compensation Claimant Buy Form

Exhibit 12F

- Sample Outline for Cross-Examination of a Claimant Buy Form

Exhibit 12G

- Checklist of Tips for Working with Vocational Experts Buy Form

Exhibit 12H

- Sample Outline for Direct Examination of a Vocational Expert Buy Form

Exhibit 12I

- Sample Motion in Limine with Supporting Memorandum Buy Form

Exhibit 12J

- Sample Motion to Submit Additional Medical Evidence Buy Form

Chapter 13 expand

Considerations for Hearing

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Paul M. Moretti, Esq., Curtin, Murphy & O'Reilly, PC

Chapter 14 expand

Appeal Practice Before the Department of Industrial Accidents and the Courts

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Paul M. Moretti, Esq., Curtin, Murphy & O'Reilly, PC

Chapter 15 expand

Scientific Evidence and the Use of Lanigan and Daubert

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Matthew J. Walko, Esq., Smith Duggan Buell & Rufo, LLP

Chapter 16 expand

Use of the Department’s Vocational Rehabilitation Component

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Deborah G. Kohl, Esq., Law Offices of Deborah G. Kohl

Chapter 17 expand

Utilization Review in Massachusetts

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Diane M. Neelon, Esq., Department of Industrial Accidents, Commonwealth of Massachusetts

Chapter 18 expand

Alternative Dispute Resolution in Workers’ Compensation Cases

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Hon. James V. Ryan, JAMS

Chapter 19 expand

Lump Sum Settlements: The Law, the Procedure, and Some Practical Tips

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Nicole Duca Sullivan, Esq., Law Offices of Nicole D. Sullivan and Associates, PC

Exhibit 19A

- DIA Form 116A (Employer’s Consent to Settlement) Buy Form

Exhibit 19B

- DIA Form 116 (Request for Lump Sum Conference) Buy Form

Exhibit 19C

- Bulletin from Senior Judge Hernandez Buy Form

Exhibit 19D

- The Request for Section 46A Conference in Conjunction with Lump Sum Under Section 48 Buy Form

Exhibit 19E

- Lump Sum Settlement Agreement for Injuries Prior to November 1, 1986 Buy Form

Exhibit 19F

- Lump Sum Settlement Agreement for Injuries on and After November 1, 1986 Buy Form

Exhibit 19G

- Office of Education and Vocational Rehabilitation Memorandum on Lump Sum Procedure Buy Form

Exhibit 19H

- DIA Form 116B (Vocational Rehabilitation Status Addendum) Buy Form

Exhibit 19I

- DIA Form 116C (Employee’s Lien Disclosure) Buy Form

Exhibit 19J

- Sample Letter of Notice Pursuant to G.L. c. 175, § 24D Buy Form

Exhibit 19K

- Checklist for Lump Sum Settlements Buy Form

Chapter 20 expand

Recovering from Third Parties: Settlements, Section 15 Liens, and Hunter Fees

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Nicole Duca Sullivan, Esq., Law Offices of Nicole D. Sullivan and Associates, PC

Exhibit 20A

- DIA Circular Letter No. 319 Buy Form

Exhibit 20B

- DIA Circular Letter No. 341 Buy Form

Exhibit 20C

- Superior Court Memorandum and Order on Rhode v. Beacon Sales Company (1993) Buy Form

Exhibit 20D

- Checklist for Petitions Under G.L. c. 152, § 15 Buy Form

Chapter 21 expand

Interaction Between Workers’ Compensation and Other Disability Benefits

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Jane Eden, Esq., Eden Rafferty, PC

Exhibit 21A

- Department of the Treasury Letter (April 23, 2009) Buy Form

Exhibit 21B

- Sample Lump Sum Agreement Buy Form

Exhibit 21C

- Sample Letter to SSA Buy Form

Exhibit 21D

- SSA 1709 Buy Form

Chapter 22 expand

The Relationship Between the Americans with Disabilities Act, Massachusetts Handicap Discrimination Law, and the Massachusetts Workers’ Compensation Act

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Ellen J. Messing, Esq., Messing, Rudavsky & Weliky, PC
James S. Weliky, Esq., Messing, Rudavsky & Weliky, PC

Chapter 23 expand

Medicare Reimbursement Rights and Enforcement Relating to Workers’ Compensation Cases

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Tamara L. Ricciardone, Esq., Smith Duggan Buell & Rufo LLP

Chapter 24 expand

Tips for Working with Insurance Company Claims Adjusters, Self-Insurance Groups, and Self-Insureds

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Stacie Kroll, Five College Risk Management office

Chapter 25 expand

The View from the Bench at Conference and Hearing

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Hon. Fred A. Taub, Brookline
Hon. Michael E. Williams, Department of Industrial Accidents, Commonwealth of Massachusetts

Editor(s)

Judicial Commentator(s)

Author(s)