Product Description

Recent updates:

• Update: July 2023

  Dear Subscriber:

  Thank you for purchasing this second edition of Commercial Real Estate Practice in Massachusetts, edited by Josh M. Alper, Esq., and written by a cadre of other experts in Massachusetts' commercial real estate practice community. Inside you will find information valuable to transactional practice, including the following:

  • Due diligence. Chapter 2 offers an updated list of actions the buyer's attorney should take, along with pointers on ordering surveys and situations of heightened risk or concern that would be revealed by a survey.

  • Physical site inspection. Chapter 2 provides physical site inspection information concerning environmental and geotechnical site investigations, compliance regarding wetlands and rivers, endangered species, old-growth forests, and archaeological sites.

  • ALTA Revised Policy Forms. See chapter 3 for information on the revised 2021 ALTA title insurance forms for commitments, owner policy, loan policy, and certain endorsements.

  • ALTA Policy Jacket. Chapter 3 also offers a redlined version of revisions to the ALTA Owner's Policy Jacket.

  • Solar projects. Chapter 4 includes discussion of the Supreme Judicial Court's first interpretation of G.L. c. 40A, § 3 in a 2022 case involving an access road in Waltham running to a solar energy system in Lexington.

  • Taxation in the context of solar energy projects. See chapter 4 for discussion of 2021 Mass. Acts c. 8, "An Act Creating a Next Generation Roadmap for Massachusetts Climate Policy" (the "Climate Act"), and its significance regarding property tax.

  • Closing. See chapter 10 for updated information on authority documentation in the context of commercial real estate closings.

  We at MCLE trust that you will find this material useful in your commercial real estate practice, and valuable in your law library.

  Cordially,

  MCLE Press

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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