Product Description

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

Chapter 01 expand

Negligence

Buy Chapter

Anthony E. Abeln, Esq., Morrison Mahoney LLP
Andrew H. Schweiger, Esq., Morrison Mahoney LLP

Exhibit 1A

- Plaintiff’s Interrogatories to the Defendant—Company Buy Form

Exhibit 1B

- Plaintiff’s Interrogatories to the Defendant—Individual Buy Form

Exhibit 1C

- Defendant Company’s Interrogatories to the Plaintiff (Injured Party) Buy Form

Exhibit 1D

- Defendant’s Interrogatories to the Plaintiff (Consortium) Buy Form

Exhibit 1E

- Plaintiffs’ Requests for Production of Documents and Other Items to Defendant Company Buy Form

Exhibit 1F

- Company’s Requests for Production of Documents and Other Items from Plaintiff John Smith Buy Form

Exhibit 1G

- Plaintiffs’ Request for Jury Instructions Buy Form

Exhibit 1H

- Defendants’ Request for Jury Instructions Buy Form

Chapter 02 expand

Products Liability

Buy Chapter

Jeffrey C. Melick, Esq.,

Exhibit 2A

- Product Standards Buy Form

Exhibit 2B

- Plaintiff’s Interrogatories to the Defendant Buy Form

Exhibit 2C

- Defendant’s Interrogatories to the Plaintiff Buy Form

Exhibit 2D

- Plaintiff’s Requests for Production of Documents and Other Items Buy Form

Exhibit 2E

- Defendant’s Requests for Production of Documents and Other Items Buy Form

Exhibit 2F

- Jury Instructions Buy Form

Chapter 03 expand

Medical Device Products Liability

Buy Chapter

James A. Swartz, Esq., Swartz & Swartz, PC

Checklist 3.1

- Information Required in a Premarket Approval Application Buy Form

Checklist 3.2

- Information to Request from the FDA Regarding an Allegedly Defective Medical Device Buy Form

Exhibit 3A

- References Buy Form

Exhibit 3B

- Stages in the Development of a Medical Device Buy Form

Chapter 04 expand

Liquor Liability

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Steven L. Hoffman, Esq., Board of Registration in Medicine, Commonwealth of Massachusetts

Exhibit 4A

- Plaintiff’s Interrogatories to the Defendant Buy Form

Exhibit 4B

- Defendants’ Interrogatories to the Plaintiffs Buy Form

Exhibit 4C

- Plaintiff’s Request for Production of Documents and Other Items Buy Form

Exhibit 4D

- Defendants’ Request for Production of Documents and Other Items Buy Form

Exhibit 4E

- Plaintiff’s Request for Jury Instructions Buy Form

Exhibit 4F

- Defendant’s Request for Jury Instructions Buy Form

Chapter 05 expand

Wrongful Death Claims

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Jeanine E. Goodwin, Esq., Tufts Medical Center
Kelly Kalandyk Smith, Esq., Foster & Eldridge LLP

Exhibit 5A

- Summary of Damages in Wrongful Death Actions Buy Form

Chapter 06 expand

Emotional Distress

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Patricia L. Kelly, Esq., Esdaile, Barrett, Jacobs & Mone
Gil Rochbert, Esq., Littler Mendelson, PC

Checklist 6.1

- Defenses to a Claim for Intentional or Reckless Infliction of Emotional Distress Buy Form

Exhibit 6A

- Plaintiff’s Interrogatories to the Defendant Buy Form

Exhibit 6B

- Defendant’s Interrogatories to the Plaintiff Buy Form

Exhibit 6C

- Model Requests for Production of Documents and Other Items Buy Form

Exhibit 6D

- Sample Jury Instructions Buy Form

Chapter 07 expand

Defamation

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Jonathan M. Albano, Esq., Morgan, Lewis & Bockius LLP
Samuel D. Thomas, Esq., Morgan Lewis & Bockius LLP

Chapter 08 expand

The Warranty of Habitability

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Jeffrey C. Melick, Esq.,

Exhibit 8A

- Plaintiff’s Interrogatories to the Defendant Buy Form

Exhibit 8B

- Defendant’s Interrogatories to the Plaintiff Buy Form

Exhibit 8C

- Plaintiff’s Requests for Production of Documents and Other Items Buy Form

Exhibit 8D

- Defendant’s Requests for Production of Documents and Other Items Buy Form

Exhibit 8E

- Jury Instructions Buy Form

Chapter 09 expand

Slip and Fall

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Hon. John A. Agostini, Superior Court, Commonwealth of Massachusetts

Exhibit 9A

- Plaintiff’s Interrogatories to the Defendant Buy Form

Exhibit 9B

- Defendant’s Interrogatories to the Plaintiff Buy Form

Exhibit 9C

- Plaintiff’s Request for Production of Documents and Other Items Buy Form

Exhibit 9D

- Defendant’s Request for Production of Documents and Other Items Buy Form

Exhibit 9E

- Requests for Jury Instructions Buy Form

Chapter 10 expand

Initial Steps in Litigating a Motor Vehicle Tort Action

Buy Chapter

Philip N. Beauregard, Esq., Law Offices of Beauregard, Burke & Franco
Erin McNamara Boucher, Esq., Mirick, O'Connell, DeMallie & Lougee LLP
Richard E. Burke, Jr., Esq., Beauregard, Burke & Franco
Michael Franco, Esq., Beauregard, Burke & Franco
Joseph A. Seckler, Esq., Morrison Mahoney LLP

Exhibit 10A

- Sample Complaint Buy Form

Exhibit 10AA

- Cover Letter to Court for Notice to Offer Medical Report Buy Form

Exhibit 10B

- Sample Cover Sheet (Superior Court) Buy Form

Exhibit 10BB

- Notice of Intention to Offer Medical Report Buy Form

Exhibit 10C

- Sample Cover Sheet (U.S. District Court) Buy Form

Exhibit 10CC

- Affidavit of Counsel Buy Form

Exhibit 10D

- Sample Statement of Damages (Massachusetts District Court) Buy Form

Exhibit 10DD

- Affidavit Pursuant to G.L. c. 233, § 79G Buy Form

Exhibit 10E

- Letter to Client After Suit Is Filed Buy Form

Exhibit 10F

- Sample Motion for Ex Parte Real Estate Attachment Buy Form

Exhibit 10G

- Sample Affidavit in Support of Ex Parte Attachment Buy Form

Exhibit 10H

- Sample Plaintiff’s Request for Documents Buy Form

Exhibit 10I

- Sample Notice of Taking Deposition (Rule 30) Buy Form

Exhibit 10J

- Sample Notice of Taking Deposition of a Corporation (Rule 30(b)(6)) Buy Form

Exhibit 10K

- Sample Plaintiff’s Interrogatories Buy Form

Exhibit 10L

- Sample Plaintiff’s Interrogatories Buy Form

Exhibit 10M

- Plaintiff’s Motion for Defendant’s Criminal Record Buy Form

Exhibit 10N

- Plaintiff’s Request for Admission Buy Form

Exhibit 10O

- Sample Acknowledgment Letter to Client Buy Form

Exhibit 10P

- Sample Tracking Order Buy Form

Exhibit 10Q

- Sample Answer to Complaint Buy Form

Exhibit 10R

- Cross-Claim Buy Form

Exhibit 10S

- Third-Party Complaint Buy Form

Exhibit 10T

- Defendant’s Interrogatories to Plaintiff Buy Form

Exhibit 10U

- Defendant’s Interrogatories to Codefendant Buy Form

Exhibit 10V

- Request for Documents to Plaintiff Buy Form

Exhibit 10W

- HIPAA Authorization Buy Form

Exhibit 10X

- Authorization for Wage and Salary Information Buy Form

Exhibit 10Y

- Request for Documents to Codefendant Buy Form

Exhibit 10Z

- Cover Letter to Plaintiff’s Attorney for Notice to Offer Medical Report Buy Form

Chapter 11 expand

Misrepresentation

Buy Chapter

Carol A. Kelly, Esq., CRICO/Risk Management Foundation

Exhibit 11A

- Plaintiff’s Interrogatories to the Defendant Buy Form

Exhibit 11B

- Defendant’s Interrogatories to the Plaintiff Buy Form

Exhibit 11C

- Plaintiff’s Request for Production of Documents and Other Items Buy Form

Exhibit 11D

- Defendant’s Request for Production of Documents and Other Items Buy Form

Exhibit 11E

- Sample Jury Instructions: Negligent Misrepresentation Buy Form

Exhibit 11F

- Sample Jury Instructions: Intentional Misrepresentation Buy Form

Chapter 12 expand

Intentional Torts to Persons

Buy Chapter

Jeffrey G. Thorn, Esq., Adkins, Kelston & Zavez, PC

Exhibit 12A

- Plaintiff’s Interrogatories to the Defendant Buy Form

Exhibit 12B

- Defendant’s Interrogatories to the Plaintiff Buy Form

Exhibit 12C

- Requests for Production of Documents (Plaintiff’s or Defendant’s) Buy Form

Exhibit 12D

- Sample Jury Instructions Buy Form

Chapter 13 expand

Tortious Interference with Business Relations

Buy Chapter

Jeffrey C. Melick, Esq.,

Exhibit 13A

- Jury Instructions Buy Form

Exhibit 13B

- Plaintiff’s Interrogatories to the Defendant Buy Form

Exhibit 13C

- Defendant’s Interrogatories to the Plaintiff Buy Form

Exhibit 13D

- Requests for Production of Documents Buy Form

Chapter 14 expand

Invasion of Privacy

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Corey M. Dennis, Esq., Eli Lilly and Company

Chapter 15 expand

Torts to Property

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Christopher P. Flanagan, Esq., Wilson, Elser, Moskowitz, Edelman & Dicker LLP

Exhibit 15A

- Plaintiff’s Interrogatories to the Defendant Buy Form

Exhibit 15B

- Defendant’s Interrogatories to the Plaintiff Buy Form

Exhibit 15C

- Plaintiff’s Request for Production of Documents Buy Form

Exhibit 15D

- Defendant’s Request for Production of Documents Buy Form

Exhibit 15E

- Plaintiff’s Request for Jury Instructions Buy Form

Exhibit 15F

- Defendant’s Request for Jury Instructions Buy Form

Chapter 16 expand

Child Trespassers

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Stacey L. Pietrowicz, Esq., Sugarman and Sugarman, PC

Exhibit 16A

- Related Cases and Commentaries Buy Form

Chapter 17 expand

Negligent Security

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Elizabeth A. Houlding, Esq.,

Checklist 17.1

- Steps in Planning to Investigate Crime at Particular Premises Buy Form

Chapter 18 expand

Contribution and Indemnity

Buy Chapter

Joni Katz Mackler, Esq., Howd & Ludorf, LLC

Chapter 19 expand

Tort Immunities

Buy Chapter

Amy Bratskeir, Esq.,
Scott A. Spencer, Esq., MassDOT/MBTA Office of the General Counsel

Exhibit 19A

- Sample Presentment Letter Buy Form

Exhibit 19B

- Sample MBTA Incident Report Form Buy Form

Exhibit 19C

- Sample Letter of Representation Buy Form

Exhibit 19D

- Sample Defect in Way Notice Buy Form

Exhibit 19E

- Sample Certificate of Public Way Buy Form

Chapter 20 expand

Limitation of Actions

Buy Chapter

Michael R. Byrne, Esq., Melick & Porter LLP

Chapter 21 expand

Preparation of a Plaintiff’s Case

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Garrett D. Lee, Esq., Morgan & Morgan, PA

Chapter 22 expand

Preparation of a Defendant’s Case

Buy Chapter

Adam G. Cohen, Esq., Davids & Cohen, PC

Exhibit 22A

- Defendant’s Motion for Directed Verdict After the Plaintiff’s Case Buy Form

Chapter 23 expand

Mediation

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James E. Grumbach, Esq., Boston Law Collaborative LLC

Chapter 24 expand

Liens

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Matthew Passalacqua, Esq., Kajko, Weisman & Colasanti LLP

Appendix

Obtaining and Using Medical Records in Massachusetts

Buy Chapter

Victoria M. Santoro, Esq., Santoro & Gray

Checklist A.1

- Checklist of Hospital Medical Records That May Be Needed in Litigation Buy Form

Checklist A.2

- Checklist for Deposing an Adverse Expert Physician Buy Form

Exhibit A1

- Typical Laboratory Report Form Buy Form

Exhibit A10

- Notice of Intention to File Rule 13 Application Buy Form

Exhibit A11

- Application for Rule 13 Order Buy Form

Exhibit A12

- Rule 13 Order Buy Form

Exhibit A13

- Request for Production of Medical Records Buy Form

Exhibit A14

- Index Tabs for Ordering and Filing Medical Records Buy Form

Exhibit A15

- Massachusetts Medical Libraries Buy Form

Exhibit A16

- List of Medical References Buy Form

Exhibit A17

- Letters to Physicians Buy Form

Exhibit A18

- Plaintiff’s Offer of Proof and Supporting Affidavits Buy Form

Exhibit A19

- Demand Letter Buy Form

Exhibit A2

- Illustration of Reference Range from Taber’s Cyclopedic Medical Dictionary Buy Form

Exhibit A20

- Section 79G Forms Buy Form

Exhibit A21

- Section 79C Forms Buy Form

Exhibit A22

- Medical Terms Buy Form

Exhibit A3

- Medical Records Tracking System Buy Form

Exhibit A4

- Authorization to Use or Disclose Protected Health Information Buy Form

Exhibit A5

- Letter Accompanying Patient Authorization to Release Records Buy Form

Exhibit A6

- Motion to Compel Production of Documents from Hospital Buy Form

Exhibit A7

- Deposition Subpoena Buy Form

Exhibit A8

- Notice of Taking Deposition Buy Form

Exhibit A9

- Trial Subpoena Buy Form

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Judicial Commentator(s)

Author(s)