Workers' Compensation Practice in Massachusetts
Practical, comprehensive, and easy-to-use
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- Product Number: 2223980WFM
- Publication Date: 4/28/2022
- Edition: 4th Edition 2022
- Copyright: © 2022 MCLE, Inc.
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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:
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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
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Update: April 2022
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Table of Contents
Table of Contents
expand allChapter 1 expandChapter 2 expandDefining Personal Injury Under Chapter 152
Buy ChapterChapter 3 expandTypes of Workers’ Compensation Benefits
Buy ChapterChapter 4 expandScarring and Disfigurement: Calculating Section 36 Benefits
Buy ChapterChapter 5 expandPsychiatric Claims
Buy ChapterChapter 6 expandRepresenting the Claimant from Initial Intake to Filing of Claim
Buy ChapterChecklist 6.1
- Checklist for Initial Interview Regarding Workers’ Compensation Claim Buy FormChecklist 6.2
- Checklist for Filing a Workers’ Compensation Claim Buy FormExhibit 6A
- DIA Form 115 (Third Party Claim/Notice of Lien) Buy FormExhibit 6B
- DIA Form 114 (Notice of Change/ Appearance of Counsel) Buy FormExhibit 6C
- DIA Form 110 (Employee’s Claim) Buy FormChapter 7 expandRepresenting the Employer/Insurer in the Initial Stages of Claim Filing or Litigation
Buy ChapterChapter 8 expandPractice and Procedure Before the Department of Industrial Accidents: The Department’s Perspective
Buy ChapterExhibit 8A
- An Overview of the Document Management System (DMS) of the Massachusetts Department of Industrial Accidents Buy FormChapter 9 expandPractice and Procedure Before the Department of Industrial Accidents: The Employee’s Perspective
Buy ChapterExhibit 9A
- Employee Biographical Data Sheet (DIA Form 160) Buy FormExhibit 9B
- Sample Narrative Report of First Medical Visit Buy FormExhibit 9C
- Sample Requests for Doctor’s Narrative Report Buy FormExhibit 9D
- Sample HIPAA Release Form Buy FormExhibit 9E
- Sample Authorization for Representation Buy FormExhibit 9F
- Petition for Approval of Third Party Settlement Buy FormExhibit 9G
- Sample Employee’s Request for Production of Documents Buy FormExhibit 9H
- Insurance Inquiry Form Buy FormExhibit 9I
- DIA Form 110 (Employee’s Claim) Buy FormExhibit 9J
- DIA Form 110 (Employee’s Claim) with Cover Letter Buy FormExhibit 9K
- DIA Form 113 (Agreement to Pay Compensation) Buy FormExhibit 9L
- DIA Form 131 (Request for Speedy Conference Because of Hardship) Buy FormExhibit 9M
- DIA Form 132 (Affidavit in Support of Employee’s Request for Speedy Conference Because of Hardship) Buy FormExhibit 9N
- DIA Form 112A (Affidavit in Support of Request for Waiver of Filing Fee Under Section 11C) Buy FormExhibit 9O
- Conference Memorandum Cover Sheet Buy FormExhibit 9P
- DIA Form 121 (Appeal of Conference Proceeding) Buy FormExhibit 9Q
- DIA Circular Letter No. 356 (October 4, 2021; Effective October 1, 2021) Buy FormExhibit 9R
- Sample Motion for Expanded Attorney Fees Buy FormExhibit 9S
- Last Best Offer Form Buy FormExhibit 9T
- Agreement That No Impartial Physician Report Is Required Buy FormExhibit 9U
- Notice of Taking Deposition Buy FormExhibit 9V
- Explanation of Computation of Interest Buy FormExhibit 9W
- Sample Notification of Medical Evidence to Be Introduced Buy FormExhibit 9X
- Social Security Form CR-28 (COLA Data Form) Buy FormExhibit 9Y
- COLA Offset Worksheet Buy FormExhibit 9Z
- Form SSA-149, Waiver of Benefit Payments Buy FormChapter 10 expandPractice and Procedure Before the Department of Industrial Accidents: The Employer’s/?Insurer’s Perspective
Buy ChapterChapter 11 expandImpartial Examiners—A Guide to Section 11A Practice
Buy ChapterChapter 12 expandTips for Obtaining Discovery and Preparing for Hearing: The Insurer’s Perspective
Buy ChapterChecklist 12.1
- Checklist of Potential Areas for Cross-Examination of a Workers’ Compensation Claimant Buy FormChecklist 12.2
- Checklist of Tips for Working with Vocational Experts Buy FormExhibit 12A
- Sample Insurer’s Request for Production of Documents Buy FormExhibit 12B
- Sample Subpoena Buy FormExhibit 12C
- Sample HIPAA Release Form Buy FormExhibit 12D
- Sample Insurer’s Hearing Memorandum Buy FormExhibit 12E
- Sample Outline for Cross-Examination of a Claimant Buy FormExhibit 12F
- Sample Outline for Direct Examination of a Vocational Expert Buy FormExhibit 12G
- Sample Motion in Limine with Supporting Memorandum Buy FormExhibit 12H
- Sample Motion to Submit Additional Medical Evidence Buy FormChapter 13 expandConsiderations for Hearing
Buy ChapterChapter 14 expandAppeal Practice Before the Department of Industrial Accidents and the Courts
Buy ChapterChapter 15 expandScientific Evidence and the Use of Lanigan and Daubert
Buy ChapterChapter 16 expandUse of the Department’s Vocational Rehabilitation Component
Buy ChapterChapter 17 expandUtilization Review in Massachusetts
Buy ChapterChapter 18 expandAlternative Dispute Resolution in Workers’ Compensation Cases
Buy ChapterChapter 19 expandLump-Sum Settlements: The Law, the Procedure, and Some Practical Tips
Buy ChapterChecklist 19.1
- Checklist for Lump-Sum Settlements Buy FormExhibit 19A
- DIA Form 116A (Employer’s Consent to Settlement) Buy FormExhibit 19B
- Administrative Bulletin No. 4: Online Filing Buy FormExhibit 19C
- Bulletin from Senior Judge Hernández Buy FormExhibit 19D
- The Request for Section 46A Conference in Conjunction with Lump Sum Under Section 48 Buy FormExhibit 19E
- Lump-Sum Settlement Agreement for Injuries Prior to November 1, 1986 Buy FormExhibit 19F
- Lump-Sum Settlement Agreement for Injuries on and After November 1, 1986 Buy FormExhibit 19G
- Office of Education and Vocational Rehabilitation Memorandum on Lump-Sum Procedure Buy FormExhibit 19H
- DIA Form 116B (Vocational Rehabilitation Status Addendum) Buy FormExhibit 19I
- DIA Form 116C (Employee’s Lien Disclosure) Buy FormExhibit 19J
- Sample Letter of Notice Pursuant to G.L. c. 175, § 24D Buy FormExhibit 19K
- Administrative Bulletin No. 10: Post-COVID Changes for Dispute Resolution Events Buy FormChapter 20 expandRecovering from Third Parties: Settlements, Section 15 Liens, and Hunter Fees
Buy ChapterChapter 21 expandInteraction Between Workers’ Compensation and Other Disability Benefits
Buy ChapterChapter 22 expandThe Relationship Between the Americans with Disabilities Act, Massachusetts Handicap Discrimination Law, and the Massachusetts Workers’ Compensation Act
Buy ChapterChapter 23 expandMedicare Reimbursement Rights and Enforcement Relating to Workers’ Compensation Cases
Buy ChapterExhibit 23A
- Article on Updates to the CMS Reference Guide Buy FormChapter 24 expandTips for Working with Self-Insurers and Self Insurance Groups
Buy ChapterChapter 25 expandThe View from the Bench at Conference and Hearing
Buy Chapter - Editors & Authors