Product Description

Recent updates:

• Update: January 2022

  Dear Subscriber:

  Thank you for choosing to keep your copy of Trying Drug Cases in Massachusetts up-to-date with this revised edition. Inside, you will find new information, cites, and insights on subjects such as the following:

  • Trafficking. See chapter 1 for a new section on the crime of trafficking in carfentanil or its derivatives and discussion of the penalty associated with this offense. Chapter 1 also updates the reader on new cases relative to trafficking in other types of controlled substances and new sections on sales to minors and inducement of minors to sell various classes of substances.

  • Possession. See chapter 2 for new material on actual and constructive possession charges and the government’s duty to prove possession. The chapter includes new case decisions, along with information on the "particular link" requirement regarding drugs found in the home. The chapter discusses the probative value of the sound of home occupants "scurrying" within the home at the approach of police. Distinctions between dwelling places and stash houses or "hot" houses are also presented.

  • Discovery. See chapter 3 for a practice note on a recent case where the Supreme Judicial Court discussed defendants' right to discover evidence of racial bias in law enforcement stops. The 2020 decision addressed a defendant's right to reasonable discovery of evidence concerning the totality of the circumstances of the traffic stop.

  We at MCLE trust that you will find this material useful in your criminal law practice and valuable in keeping your law library current.

  Very truly yours,

  Maryanne G. Jensen, Esq., Director of Publications

Table of Contents

Chapter 01 expand

Employees and Employers Covered by the Workers’ Compensation Act

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Jeffrey M. Liptrot, Esq., Lewis Brisbois Bisgaard & Smith
Lauren Motola-Davis, Esq., Lewis Brisbois Bisgaard & Smith LLP

Chapter 02 expand

Covered Injuries

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Erica M. O'Connell, Esq., Bianchi Brouillard Sousa & O'Connell, PC

Chapter 03 expand

Defining Disability

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Aimee E. Audette, Esq., Audette, Audette & Violette

Chapter 04 expand

Indemnity and Medical Benefits

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Earl E. Metcalf, Esq., Langlois, Wilkins, Furtado & Metcalf, PC
Matthew E. Metcalf, Esq., Langlois, Wilkins, Furtado & Metcalf, PC

Exhibit 4A

- Form DWC-50, Itemized Statement of Compensation Buy Form

Exhibit 4B

- Maximum Weekly Compensation Rates Buy Form

Exhibit 4C

- Cost of Living Rate Increases Buy Form

Exhibit 4D

- Form DWC-03P, Wage Statements, Tips, and Purpose Buy Form

Exhibit 4E

- Full-Time Wage Statement Example Buy Form

Exhibit 4F

- Form DWC-40, Request for Additional Palliative Care Buy Form

Chapter 05 expand

Other Benefits—Rehabilitation, Specific Compensation, and Reinstatement

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John M. Harnett, Esq., Lovett, Schefrin, Harnett

Exhibit 5A

- Selected Cases Buy Form

Exhibit 5B

- Form DWC-24, Mutual Agreement Buy Form

Exhibit 5C

- Form DWC-51, Report of Specific Payment Buy Form

Chapter 06 expand

Reduction and Discontinuance of Benefits

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Nicholas R. Mancini, Esq., Mancini Law LLC

Chapter 07 expand

Practice and Procedure Before the Rhode Island Workers’ Compensation Court: Employee’s Perspective

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Erica M. O'Connell, Esq., Bianchi Brouillard Sousa & O'Connell, PC

Exhibit 7A

- Notice of Contest Buy Form

Chapter 08 expand

Practice and Procedure Before the Workers’ Compensation Court: Employer’s Perspective

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James T. Hornstein, Esq., Tentindo, Kendall, Canniff and Keefe LLP
Courtney L. Manchester, Esq., Tentindo, Kendall, Canniff & Keefe LLP

Chapter 09 expand

Representing the Employee from Initial Intake to Trial and Appeal

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Michael A. St Pierre, Esq., REVENS, REVENS & ST. PIERRE

Exhibit 9A

- Form DWC-50, Itemized Statement of Compensation Buy Form

Exhibit 9B

- Form DWC-20, Non-Prejudicial Agreement Buy Form

Exhibit 9C

- Memorandum of Agreement Buy Form

Chapter 10 expand

Representing the Employer from Report of Claim to Trial and Appeal

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Hon. Moira E. Reynolds, Rhode Island Workers' Compensation Court

Chapter 11 expand

Third-Party Claims

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Madalyn E. McGunagle, Esq.,
Brooke Elizabeth Pearsons, Esq., Rhode Island Workers' Compensation Court
Michael S. Schwartz, Esq., Rhode Island Workers' Compensation Court
Thomas Michael Wall, Esq., Rhode Island Workers' Compensation Court

Exhibit 11A

- R.I.G.L. § 28-29-20 Buy Form

Exhibit 11B

- R.I.G.L. § 6-34-1 Buy Form

Exhibit 11C

- R.I.G.L. § 28-35-58 Buy Form

Exhibit 11D

- R.I.G.L. § 9-19-34.1 Buy Form

Chapter 12 expand

The Longshore and Harbor Workers’ Compensation Act—Comparison and Interaction with the Rhode Island Workers’ Compensation Act

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Robert P. Audette, Esq., Audette, Audette & Violette

Chapter 13 expand

Interaction Between Workers’ Compensation and Social Security Disability Benefits

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Mariam A. Lavoie, Esq., Lavoie Law LLC
Donna M. Nesselbush, Esq., Marasco & Nesselbush LLP

Exhibit 13A

- References and Resources Buy Form

Exhibit 13B

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

Chapter 14 expand

Interaction Between the Workers’ Compensation Act and Other Disability and Employment Benefit Laws

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Hon. Steven A. Minicucci, Rhode Island Workers' Compensation Court

Chapter 15 expand

View from the Bench

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Hon. George E. Healy, Jr.,

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