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Workers' Compensation Practice in Massachusetts

Practical, comprehensive, and easy-to-use

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  • Product Number: 2010272B00
  • Publication Date: 5/2/2018
  • Edition: 3rd Edition 2015, with 2018 Supplement
  • Copyright: © 2018 MCLE, Inc.
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  • Product Description
  • Table of Contents
  • Editors & Authors
  • 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:

    • 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

    Table of Contents

    expand all
    Chapter 1 expand

    EXHIBIT 1A

    - Attorney General Advisory Buy Form
    Chapter 3 expand

    Types of Workers’ Compensation Benefits

    Buy Chapter
    John D. Hislop, III, Esq., The Law Office of John D Hislop III
    Adam J. Troupe, Esq., The Troupe Law Office
    Chapter 4 expand

    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
    Chapter 6 expand

    Representing the Claimant from Initial Intake to Filing of Claim

    Buy Chapter
    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

    EXHIBIT 6D

    - reserved

    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

    Buy Chapter
    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. 352 (October 2, 2017; Effective October 1, 2017) 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)1 Buy Form

    EXHIBIT 9Y

    - COLA Offset Worksheet3 Buy Form

    EXHIBIT 9Z

    - Form SSA-149, Waiver of Benefit Payments5 Buy Form
    Chapter 10 expand

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

    Buy Chapter
    Christina Schenk-Hargrove, Esq., Smith Duggan Buell & Rufo, LLP
    Chapter 11 expand

    Impartial Examiners—A Guide to Section 11A Practice

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    Chapter 12 expand

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

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    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 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
    Chapter 14 expand

    Appeal Practice Before the Department of Industrial Accidents and the Courts

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    Chapter 15 expand

    Scientific Evidence and the Use of Lanigan and Daubert

    Buy Chapter
    Matthew J. Walko, Esq., Smith Duggan Buell & Rufo, LLP
    Chapter 16 expand

    Use of the Department’s Vocational Rehabilitation Component

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    Chapter 17 expand

    Utilization Review in Massachusetts

    Buy Chapter
    Diane M. Neelon, Esq., Department of Industrial Accidents, Commonwealth of Massachusetts
    Chapter 18 expand

    Alternative Dispute Resolution in Workers’ Compensation Cases

    Buy Chapter
    Chapter 19 expand

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

    Buy Chapter
    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

    Buy Chapter
    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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    Chapter 23 expand

    Medicare Reimbursement Rights and Enforcement Relating to Workers’ Compensation Cases

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    Chapter 24 expand

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

    Buy Chapter
    Elizabeth J. Carmichael, Carmichael Associates LLC
    Chapter 25 expand

    The View from the Bench at Conference and Hearing

    Buy Chapter
    Hon. Fred A. Taub,
    Hon. Michael Williams, Department of Industrial Accidents, Commonwealth of Massachusetts
  • Editors & Authors

    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
    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
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