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Workers' Compensation Practice in Massachusetts

Practical, comprehensive, and easy-to-use

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  • Product Number: 2010272B00
  • Publication Date: 4/28/2022
  • Edition: 4th Edition 2022
  • Copyright: © 2022 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 2022

      Dear Subscriber:

      Thank you for updating your reference library with the 2022 edition of Workers' Compensation Practice in Massachusetts . This updated product contains new and revised materials addressing the latest developments in Massachusetts workers' compensation law and practice.

      Highlights from among the many significant issues addressed in this edition include:

      • determinations of whether a compensable injury is a major cause of an employee's ongoing disability or need for treatment;
      • alleged psychological injury resulting from an employer's bona fide personnel action;
      • changes to Department of Industrial Accidents (DIA) procedures adopted in response to the COVID-19 pandemic, including the institution of prehearing conferences and virtual conciliations;
      • a detailed description of prehearing conferences and related procedures;
      • the standards applicable to police officers and firefighters who suffered a prior injury compensable under G.L. c. 41, § 111F;
      • a Supreme Judicial Court recognition of sufficient jurisdictional contacts where neither the contract of hire nor the injury occurred within Massachusetts;
      • an Appeals Court decision that the Workers' Compensation Act is not an exclusive remedy for the intentional conduct of a person who is both the company's sole proprietor and the employee's direct supervisor;
      • the standards applicable to the opinions of impartial medical examiners under G.L. c. 152, § 11A;
      • consideration of minimum-wage employment in calculating a claimant's earning capacity;
      • de novo review of the Reviewing Board's interpretation of statutes that are "not administered by" the DIA, such as the state's medical marijuana law;
      • the standards used to assess the reliability of expert witness testimony;
      • the procedures used for DIA-conducted and private mediation of workers' compensation disputes;
      • developing case law on the extent to which G.L. c. 151B imports federal law defining when a disability "substantially limits" a major life activity;
      • an article reviewing recent updates to the "Workers' Compensation Medicare Set-Aside Arrangement Reference Guide," a resource published by the Centers for Medicare & Medicaid Services;
      • a revised description of the roles of self-insurers and self-insurance groups in the Massachusetts workers' compensation system; and
      • the perspectives of two administrative judges on current practices at the DIA.

      We at MCLE trust that you will find the 2022 edition of Workers' Compensation Practice in Massachusetts useful in your practice and valuable in keeping your reference library current.

      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 2 expand

    Defining Personal Injury Under Chapter 152

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    Chapter 3 expand

    Types of Workers’ Compensation Benefits

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    Chapter 4 expand

    Scarring and Disfigurement: Calculating Section 36 Benefits

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    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

    Checklist 6.1

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

    Checklist 6.2

    - Checklist for Filing a Workers’ Compensation Claim Buy Form

    Exhibit 6A

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

    Exhibit 6B

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

    Exhibit 6C

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

    Exhibit 7B

    - 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

    - Sample Narrative Report of First Medical Visit Buy Form

    Exhibit 9C

    - Sample Requests for Doctor’s Narrative Report Buy Form

    Exhibit 9D

    - Sample HIPAA Release Form Buy Form

    Exhibit 9E

    - Sample Authorization for Representation Buy Form

    Exhibit 9F

    - Petition for Approval of Third Party Settlement Buy Form

    Exhibit 9G

    - Sample 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 Under Section 11C) 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. 356 (October 4, 2021; Effective October 1, 2021) Buy Form

    Exhibit 9R

    - Sample 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

    - Sample 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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    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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    Checklist 12.1

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

    Checklist 12.2

    - Checklist of Tips for Working with Vocational Experts Buy Form

    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

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

    Exhibit 12F

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

    Exhibit 12G

    - Sample Motion in Limine with Supporting Memorandum Buy Form

    Exhibit 12H

    - 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

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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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    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. Roger S. Lewenberg, Department of Industrial Accidents, Commonwealth of Massachusetts (Ret.)
    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

    Checklist 19.1

    - Checklist for Lump-Sum Settlements Buy Form

    Exhibit 19A

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

    Exhibit 19B

    - Administrative Bulletin No. 4: Online Filing Buy Form

    Exhibit 19C

    - Bulletin from Senior Judge Hernández 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

    - Administrative Bulletin No. 10: Post-COVID Changes for Dispute Resolution Events 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

    Checklist 20.1

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

    Exhibit 20A

    - DIA Circular Letter No. 341 Buy Form

    Exhibit 20B

    - DIA Circular Letter No. 319 Buy Form

    Exhibit 20C

    - Superior Court Memorandum and Order on Rhode v. Beacon Sales Company (1992) 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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    Exhibit 23A

    - Article on Updates to the CMS Reference Guide Buy Form
    Chapter 24 expand

    Tips for Working with Self-Insurers and Self Insurance Groups

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    Chapter 25 expand

    The View from the Bench at Conference and Hearing

    Buy Chapter
    Hon. Lauren M. Bergheimer, Department of Industrial Accidents, Commonwealth of Massachusetts
    Hon. Marguerite O'Neill, Department of Industrial Accidents, Commonwealth of Massachusetts
  • Editors & Authors

    Editor(s)

    Hon. Tamara L. Ricciardone, Department of Industrial Accidents, Commonwealth of Massachusetts, Boston

    Judicial Commentator(s)

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

    Author(s)

    Hon. Lauren M. Bergheimer, Department of Industrial Accidents, Commonwealth of Massachusetts, Fall River
    Hon. Fred Capone, Department of Industrial Accidents, Commonwealth of Massachusetts, Boston
    Monique M. Chiacchia, Esq., Travelers, Providence
    Jane Eden, Esq., Eden Rafferty, PC, Worcester
    Beth R. Levenson, Esq., Lipsey & Clifford, PC, Hanover
    Hon. Roger S. Lewenberg, Department of Industrial Accidents, Commonwealth of Massachusetts (Ret.), Hull
    Christine Griggs Narcisse, Esq., McGuire & McGuire, PC, Worcester
    Diane M. Neelon, Esq., Department of Industrial Accidents, Commonwealth of Massachusetts, Boston
    Hon. Marguerite O'Neill, Department of Industrial Accidents, Commonwealth of Massachusetts, Fall River
    Scott E. Richardson, Esq., The Law Offices of Steven B. Stein, 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
    James S. Weliky, Esq., Messing, Rudavsky & Weliky, PC, Newton
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