Workers' Compensation Practice in Massachusetts

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.

• 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