Product Description

Recent updates:

• Update: July 2025

  Dear Subscriber:

  Thank you for choosing to keep current with this 2025 edition of Massachusetts Probate Manual. In this edition, find hundreds of updates on topics such as the following:

  • Transferring property owned by the decedent; how to determine process. See chapter 2 for a step-by-step list of action items useful when selecting the method by which to transfer property.

  • Time limit for filing. See chapter 4 for the five exceptions to the general three-year time limit in which to commence a formal probate or appointment proceeding.

  • Contesting the suitability of a nomination of a fiduciary. Chapter 5 cites a decision regarding standing needed to contest a nomination.

  • Claims against the estate. Chapter 7 discusses a case holding that Section 3-108 does not apply retroactively to bar claims brought by MassHealth against estates of decedents dying prior to the enactment of the Massachusetts Uniform Probate Code.

  • Cryptocurrency. See chapter 9 for a practice note regarding the personal representative's responsibilities surrounding access to private keys to digital currencies without a physical form.

  • Fiduciary's contractual obligation. Chapter 11 discusses the consequence of a failure on the parts of buyer and seller to agree to material terms of a purchase and sale agreement. A recent case is cited.

  • Exculpatory provisions in trust. See chapter 16 for discussion of an exculpation clause giving trustees the power to invest income and principal "without being subject to legal limitations on investments by fiduciaries" and how this clause is to be understood in light of the prudent investor rule.

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

  Cordially,

  MCLE Press

Table of Contents

Chapter 01 expand

Who Are Covered Employees?

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Deborah G. Kohl, Esq., Law Offices of Deborah G. Kohl

Exhibit 1A

- Attorney General Advisory Buy Form

Chapter 02 expand

Defining Personal Injury Under Chapter 152

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James M. Brady, Esq., Attorney Jim Brady and Associates, PC
steven E. brady, Esq., Steve Brady Law

Chapter 03 expand

Types of Workers’ Compensation Benefits

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Lauren Van Iderstine, Keches Law Group

Chapter 04 expand

Scarring and Disfigurement: Calculating Section 36 Benefits

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Bernard J. Mulholland, Esq., Ford, Mulholland & Moran, PC

Exhibit 4A

- Guide for Calculating Loss-of-Function Benefits Buy Form

Exhibit 4B

- Guide for Calculating Benefits for Scar-Based Disfigurements and for Disfigurements Other than Scars Buy Form

Exhibit 4C

- Payments for the Amputation of a Hand, Fingers, or Parts Thereof Buy Form

Chapter 05 expand

Psychiatric Claims

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Kaylene Crum, Esq., BCL Law LLP

Chapter 06 expand

Representing the Claimant from Initial Intake to Filing of Claim

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Joseph F. Agnelli, Jr., Esq., Agnelli Law Offices, PC

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 07 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 08 expand

Practice and Procedure Before the Department of Industrial Accidents: The Department’s Perspective

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Fred Capone, Esq., 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 09 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 9AA

- Joint Prehearing Memorandum Buy Form

Exhibit 9B

- Sample Narrative Report of First Medical Visit Buy Form

Exhibit 9BB

- Sample Notification of Medical Evidence to Be Introduced Buy Form

Exhibit 9C

- Sample Requests for Doctor’s Narrative Report Buy Form

Exhibit 9CC

- Social Security Form CR-28 (COLA Data Form) Buy Form

Exhibit 9D

- Sample HIPAA Release Form Buy Form

Exhibit 9DD

- COLA Offset Worksheet Buy Form

Exhibit 9E

- Sample Authorization for Representation Buy Form

Exhibit 9EE

- Form SSA-149, Waiver of Benefit Payments Buy Form

Exhibit 9F

- Petition for Approval of Third Party Settlement Buy Form

Exhibit 9FF

- Agreement to Participate in Mediation Buy Form

Exhibit 9G

- Sample Employee’s Request for Production of Documents Buy Form

Exhibit 9H

- DIA Home Page Buy Form

Exhibit 9I

- DIA Online Forms Page Buy Form

Exhibit 9J

- Insurance Inquiry Form Buy Form

Exhibit 9K

- DIA Form 110 (Employee’s Claim) Buy Form

Exhibit 9L

- DIA Form 110 (Employee’s Claim) with Cover Letter Buy Form

Exhibit 9M

- Sample Form 110, Employee’s Claim Buy Form

Exhibit 9N

- DIA Form 113 (Agreement to Pay Compensation) Buy Form

Exhibit 9O

- Section 19 Agreement Buy Form

Exhibit 9P

- DIA Form 131 (Request for Speedy Conference Because of Hardship) Buy Form

Exhibit 9Q

- DIA Form 132 (Affidavit in Support of Employee’s Request for Speedy Conference Because of Hardship) Buy Form

Exhibit 9R

- DIA Form 112A (Affidavit in Support of Request for Waiver of Filing Fee Under Section 11C) Buy Form

Exhibit 9S

- Conference Memorandum Cover Sheet Buy Form

Exhibit 9T

- DIA Form 121 (Appeal of Conference Proceeding) Buy Form

Exhibit 9U

- DIA Circular Letter No. 356 (October 4, 2021; Effective October 1, 2021) Buy Form

Exhibit 9V

- Sample Motion for Expanded Attorney Fees Buy Form

Exhibit 9W

- Last Best Offer Form Buy Form

Exhibit 9X

- Agreement That No Impartial Physician Report Is Required Buy Form

Exhibit 9Y

- Notice of Taking Deposition Buy Form

Exhibit 9Z

- Explanation of Computation of Interest Buy Form

Chapter 10 expand

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

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Monique M. Chiacchia, Esq., Travelers

Chapter 11 expand

Impartial Examiners—A Guide to Section 11A Practice

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Christine Griggs Narcisse, Esq., McGuire & McGuire, PC

Chapter 12 expand

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

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Pauline A. Jauquet, Esq., Law Office of M.B.Schneider

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

Considerations for Hearing

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Paul M. Moretti, Esq.,

Chapter 14 expand

Appeal Practice Before the Department of Industrial Accidents and the Courts

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Paul M. Moretti, Esq.,

Chapter 15 expand

Scientific Evidence and the Use of Lanigan and Daubert

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Matthew J. Walko, Esq., Smith Duggan Cornell & Gollub LLP

Chapter 16 expand

Use of the Department’s Vocational Rehabilitation Component

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Deborah G. Kohl, Esq., Law Offices of Deborah G. Kohl

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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Jacqueline Hartley, Esq., Law Offices of Nicole D. Sullivan and Associates, PC
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. 10: Post-COVID Changes for Dispute Resolution Events Buy Form

Exhibit 19C

- Administrative Bulletin No. 4: Online Filing Buy Form

Exhibit 19D

- Bulletin from Senior Judge Hernández Buy Form

Exhibit 19E

- Request for Section 46A Conference in Conjunction with Lump Sum Under Section 48 Buy Form

Exhibit 19F

- Lump-Sum Settlement Agreement for Injuries Prior to November 1, 1986 Buy Form

Exhibit 19G

- Lump-Sum Settlement Agreement for Injuries on and After November 1, 1986 Buy Form

Exhibit 19H

- Office of Education and Vocational Rehabilitation Memorandum on Lump-Sum Procedure Buy Form

Exhibit 19I

- DIA Form 116B (Vocational Rehabilitation Status Addendum) Buy Form

Exhibit 19J

- DIA Form 116C (Employee’s Lien Disclosure) Buy Form

Exhibit 19K

- Sample Letter of Notice Pursuant to G.L. c. 175, § 24D Buy Form

Chapter 20 expand

Recovering from Third Parties: Settlements, Section 15 Liens, and Hunter Fees

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Jacqueline Hartley, Esq., Law Offices of Nicole D. Sullivan and Associates, PC
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

- Request for Workers’ Compensation/Public Disability Benefit Information (Form 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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Ellen J. Messing, Esq., Messing, Rudavsky & Weliky, PC
James S. Weliky, Esq., Messing, Rudavsky & Weliky, PC

Chapter 23 expand

Medicare Reimbursement Rights and Enforcement Relating to Workers’ Compensation Cases

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Pauline A. Jauquet, Esq., Law Office of M.B.Schneider

Chapter 24 expand

Tips for Working with Self-Insurers and Self Insurance Groups

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Edwin Ned W. Barrett, III., Esq.,
Matthew Jay Sussman, Esq., D'Angelo Law Group LLC

Chapter 25 expand

The View from the Bench at Conference and Hearing

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Hon. Lauren M. Bergheimer, Department of Industrial Accidents, Commonwealth of Massachusetts
Hon. Marguerite O'Neill, Department of Industrial Accidents, Commonwealth of Massachusetts

Apendix expand

100 Top Tips for Practice at the Department of Industrial Accidents

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