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Articles Posted in Workers’ Compensation

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Massachusetts Appeals Court Looks at Exclusivity Provision in Workers’ Compensation Act

The Workers’ Compensation Act has a provision that states that any employee who files a claim or accepts payment for a personal injury that occurs in the workplace releases their employer from any and all related claims. The Massachusetts appellate court recently issued a decision examining whether or not this…

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Massachusetts Workers’ Compensation Board Decision Examines Line Between Total and Partial Incapacitation

Workers’ compensation benefits make a distinction between two categories – whether an injured employee was partially disabled or totally disabled, and whether the disability was temporary in nature or permanent. Benefits are calculated based on the combination the injured worker possesses. Administrative hearings are conducted to help determine which category…

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Payment of Injured Employee’s Surgery At Center of Massachusetts Workers’ Compensation Dispute

A recently published Massachusetts Workers’ Compensation Reviewing Board decision assessed an administrative decision ordering the insurer for the employer to pay reasonable and related medical expenses under sections 13 and 30 of the Workers’ Compensation Act. The insurer appealed the decision, arguing the administrative judge erred by ruling in the…

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Massachusetts Supreme Court Ruling Determines Sick and Vacation Pay Are Not Regular Compensation In The Determination of a Retirement Date

After a workplace accident, a Massachusetts worker may have more to consider beyond the receipt of funds for lost wages and medical expenses. The Supreme Court addresses one of the related concerns in a recently issued Massachusetts workers’ compensation decision, SJC-12331. The injured employee in this case worked for a Massachusetts…

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Massachusetts Appeals Court Affirms Declaratory Judgment For Insurer in Construction Accident Case

If you are injured while at a construction site, the remedies and damages available to you may be multiple and varied. You may be able to receive workers’ compensation from your employer if you worked on site, as well as pursue damages from any independent contractor if multiple parties were…

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Massachusetts Reviewing Board Decision Affirms Permanent and Total Incapacity Benefits for Hospital Employee

If an employee seeks benefits for a work-related injury but has previously suffered medical ailments outside work, an insurer will likely point to the pre-existing condition to show the permanent condition was not caused by the Massachusetts workplace injury. A Massachusetts Reviewing Board decision (Bd. No. 019236-10) analyzed this scenario…

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Massachusetts Workers’ Compensation Reviewing Board Affirms Temporary Total Incapacity Benefits Award to Registered Nurse

If you’ve been injured in the workplace, you are obligated to provide notice of the injury and notice of a claim within the statutory time limits. Massachusetts General Laws, c. 152, § 41 requires notice of an injury to the insurer or insured as soon as practicable within four years…

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Massachusetts Reviewing Board Decision Analyzes Earning Capacity in Teacher’s Workers’ Compensation Claim

The Reviewing Board recently issued a decision assessing the earning capacity of an injured teacher who was awarded § 35 partial incapacity benefits, calculated with two separate earning capacities. In this Massachusetts workers’ compensation case, an elementary school teacher suffered from a strain in her shoulder after years of reaching…

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Massachusetts Workers’ Compensation Reviewing Board Reverses Decision and Orders Permanent and Total Incapacity Benefits for Injured Person

Obtaining all of the workers’ compensation benefits you are entitled to receive can be a long, arduous journey. This is seen in a recent Reviewing Board case in which an employee sustained work-related emotional injuries from a series of encounters with management in a three-year period. The employee was previously…

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Workers’ Compensation Decision Looks at Whether to Hold Multiple Massachusetts Insurers Responsible for Payment of Benefits

A Massachusetts workers’ compensation reviewing board decision earlier this year looked at whether subsequent insurers should be responsible for helping to pay the benefits awarded to a roofer injured over the course of 30+ years of work. The roofer installed duct work and metal roofing since 1970. He carried aluminum…

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