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LexisNexis Practice Guide: Massachusetts Workers' Compensation
A true how-to book with time-saving tips and loaded with checklists, examples and forms
Publisher: Matthew Bender
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"As an able and experienced Massachusetts workers' compensation defense attorney, I was so impressed with this publication that I went out and purchased my own copy immediately. … Kohl and Ready have synthesized their experience and knowledge of Massachusetts workers' compensation from the employee and insurer/attorney perspective. The result: a must read for any and every attorney representing clients in litigated matters before the Department of Industrial Accidents. Even experienced attorneys can use this volume to win cases and influence Administrative Judges to rule in their client's favor."
Edward M. Moriarty, Jr., Moriarty, Shay & Associates, P.C., Wakefield, MA
LexisNexis Practice Guide Massachusetts Workers' Compensation is a true how-to book with time-saving tips; not only does it tell you the types of workers' compensation benefits available, but it also provides strategies and best practices when filing a claim or complaint, how to present your client's case effectively at a conciliation, conference, and hearing, how to fill out official forms properly and draft petitions, motions, and letters, and how to navigate the Department of Industrial Accidents website.
Each chapter in the Practice Guide is loaded with checklists, examples and forms as well as citations to assist in researching a topic. The checklists provide counsel with a quick means of gathering information and ensuring compliance with various laws and regulations. We've also included a Master Checklist at the beginning of the Practice Guide.
The previous edition's ISBN is 9798341709102.
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MASTER CHECKLIST FOR MASSACHUSETTS WORKERS' COMPENSATION
CHAPTER 1 CLIENT INTAKE: CLAIMANT
PART I: STRATEGY
PART II: UNDERSTANDING BASIC WORKERS' COMPENSATION ISSUES AND BENEFITS
PART III: MEETING WITH THE CLIENT: INITIAL INTAKE
PART IV: INVESTIGATING THE WORK INJURY
PART V: OBTAINING MEDICAL TREATMENT INFORMATION
PART VII: PROCESSING INTAKE DOCUMENTS
PART VIII: FORMS AND CHARTS
CHAPTER 2 CLIENT INTAKE: DEFENSE
PART I: STRATEGY
PART II: REVIEWING FILE SENT BY INSURER: INITIAL EVALUATION
PART III: GATHERING INFORMATION
PART IV: DEVELOPING A DEFENSE STRATEGY AND COMMUNICATING WITH THE CLAIMS REPRESENTATIVE
PART V: FORMS
CHAPTER 3 COMMONLY USED DIA FORMS AND THEIR IMPLEMENTATION
PART I: STRATEGY
PART II: UNDERSTANDING EMPLOYER'S FIRST REPORT OF INJURY (FORM 101) AND NOTICE OF APPEARANCE (FORM 114)
PART III: UNDERSTANDING NOTIFICATION OF PAYMENT (FORM 103) AND NOTIFICATION OF DENIAL (FORM 104)
PART IV: UNDERSTANDING AND EXTENDING PAYMENT WITHOUT PREJUDICE PERIOD (FORM 105)
PART V: UNDERSTANDING INSURER'S NOTIFICATION OF TERMINATION OR MODIFICATION OF WEEKLY COMPENSATION DURING PAYMENT WITHOUT PREJUDICE PERIOD (FORM 106)
PART VI: MODIFYING, SUSPENDING OR TERMINATING BENEFITS BEYOND PAYMENT WITHOUT PREJUDICE PERIOD (FORM 107)
PART VII: INITIATING MODIFICATION OR TERMINATION OF BENEFITS (FORM 108)
PART VIII: WITHDRAWING CLAIMS OR COMPLAINTS (FORM 109)
PART IX: FILING EMPLOYEE CLAIM (FORM 110)
PART X: COMPLETING EMPLOYEE'S EARNINGS REPORT (FORM 126)
PART XI: FORMS
CHAPTER 4 DISCOVERY AND SUBPOENA PRACTICE BEFORE THE DIA
PART I: STRATEGY
PART II: UNDERSTANDING REQUESTS FOR DISCOVERY
PART III: INITIATING AND OPPOSING REQUESTS FOR PRODUCTION
PART IV: INITIATING AND OPPOSING REQUESTS FOR INSPECTION OF PREMISES
PART V: REQUESTING FEDERAL AGENCY RECORDS UNDER FREEDOM OF INFORMATION ACT (FOIA)
PART VI: INSPECTING OR OBTAINING DOCUMENTS UNDER PERSONNEL RECORD LAW
PART VII: OBTAINING RECORDS AND INFORMATION FROM DIA
PART VIII: USING SUBPOENAS IN DIA PRACTICE
PART IX: COMPELLING DISCOVERY AT DIA
PART X: FORMS
CHAPTER 5 SECTION 1(7A) AND INDEMNITY BENEFITS
PART I: STRATEGY
PART II: UNDERSTANDING PERSONAL INJURY AS DEFINED IN SECTION 1(7A)
PART III: DETERMINING AVERAGE WEEKLY WAGE
PART IV: UNDERSTANDING SECTION 34 TEMPORARY TOTAL INCAPACITY BENEFITS
PART V: UNDERSTANDING SECTION 35 TEMPORARY PARTIAL INCAPACITY BENEFITS
PART VI: UNDERSTANDING SECTION 34A PERMANENT AND TOTAL INCAPACITY BENEFITS
PART VII: UNDERSTANDING SECTION 31 DEATH BENEFITS
PART VIII: UNDERSTANDING SECTION 36 BENEFITS FOR LOSS OF FUNCTION, SCARRING AND DISFIGUREMENT
PART IX: UNDERSTANDING SECTION 28 BENEFITS FOR SERIOUS AND WILFUL MISCONDUCT OF THE EMPLOYER
PART X: FORMS AND AGENCY MATERIALS
CHAPTER 6 MEDICAL BENEFITS, UTILIZATION REVIEW AND VOCATIONAL REHABILITATION BENEFITS
PART I: STRATEGY
PART II: UNDERSTANDING MEDICAL BENEFITS
PART III: MASTERING THE UTILIZATION REVIEW PROCESS
PART IV: NAVIGATING THE VOCATIONAL REHABILITATION PROCESS
PART V: FORMS
CHAPTER 7 CONCILIATION AND CONFERENCE PROCEDURES
PART I: STRATEGY
PART II: UNDERSTANDING THE STRUCTURE AND PROCESS AT THE DEPARTMENT OF INDUSTRIAL ACCIDENTS
PART III: FILING OF CLAIMS FOR BENEFITS AT THE DEPARTMENT OF INDUSTRIAL ACCIDENTS
PART IV: FILING OF COMPLAINTS BY INSURERS/SELF-INSURERS
PART V: UNDERSTANDING THE PROCESS AND PROCEDURE FOR CONCILIATIONS
PART VI: UNDERSTANDING COUNSEL'S ROLE POST CONCILIATION/PRECONFERENCE
PART VII: UNDERSTANDING PROCESS AND PROCEDURE FOR CONFERENCES UNDER SECTION 10A
PART VIII: APPEALING CONFERENCE ORDERS
PART IX: FORMS AND AGENCY MATERIALS
CHAPTER 8 HEARING AND APPEAL PROCEDURES
PART I: STRATEGY
PART II: UNDERSTANDING EFFECT OF IMPARTIAL PHYSICIAN REPORT ON LITIGATION PROCESS
PART III: PREPARING PRE-HEARING STRATEGIES-EMPLOYEE
PART IV: COMMENCING THE HEARING PROCESS
PART V: ADMITTING EVIDENCE AT HEARING
PART VI: FILING APPEAL OF HEARING DECISION
PART VII: UNDERSTANDING THE REVIEWING BOARD PROCESS
PART VIII. FORMS
CHAPTER 9 RESOLVING WORKERS' COMPENSATION CASES
PART I: STRATEGY
PART II: USING FORM 113 AGREEMENT TO PAY COMPENSATION
PART III: USING SECTION 19 AGREEMENT TO RESOLVE CLAIM OR COMPLAINT
PART IV: RESOLVING THE CASE BY SECTION 48 LUMP SUM SETTLEMENT
PART V: FORMS
CHAPTER 10 ATTORNEY'S FEES, PENALTIES, RECOUPMENT, FRAUD, ENFORCEMENT, WITHDRAWAL OF REPRESENTATION AND THIRD PARTY SETTLEMENTS
PART I: STRATEGY
PART II: UNDERSTANDING ATTORNEY'S FEES
PART III: UNDERSTANDING PENALTY PROVISIONS
PART IV: UNDERSTANDING FRAUD
PART V: RECOUPING OVERPAYMENTS
PART VI: ENFORCING ORDERS AND DECISIONS
PART VII: WITHDRAWING FROM REPRESENTATION
PART VIII: UNDERSTANDING THIRD PARTY SETTLEMENTS
PART IX: FORMS
INDEX
CHAPTER 1 CLIENT INTAKE: CLAIMANT
PART I: STRATEGY
PART II: UNDERSTANDING BASIC WORKERS' COMPENSATION ISSUES AND BENEFITS
PART III: MEETING WITH THE CLIENT: INITIAL INTAKE
PART IV: INVESTIGATING THE WORK INJURY
PART V: OBTAINING MEDICAL TREATMENT INFORMATION
PART VII: PROCESSING INTAKE DOCUMENTS
PART VIII: FORMS AND CHARTS
CHAPTER 2 CLIENT INTAKE: DEFENSE
PART I: STRATEGY
PART II: REVIEWING FILE SENT BY INSURER: INITIAL EVALUATION
PART III: GATHERING INFORMATION
PART IV: DEVELOPING A DEFENSE STRATEGY AND COMMUNICATING WITH THE CLAIMS REPRESENTATIVE
PART V: FORMS
CHAPTER 3 COMMONLY USED DIA FORMS AND THEIR IMPLEMENTATION
PART I: STRATEGY
PART II: UNDERSTANDING EMPLOYER'S FIRST REPORT OF INJURY (FORM 101) AND NOTICE OF APPEARANCE (FORM 114)
PART III: UNDERSTANDING NOTIFICATION OF PAYMENT (FORM 103) AND NOTIFICATION OF DENIAL (FORM 104)
PART IV: UNDERSTANDING AND EXTENDING PAYMENT WITHOUT PREJUDICE PERIOD (FORM 105)
PART V: UNDERSTANDING INSURER'S NOTIFICATION OF TERMINATION OR MODIFICATION OF WEEKLY COMPENSATION DURING PAYMENT WITHOUT PREJUDICE PERIOD (FORM 106)
PART VI: MODIFYING, SUSPENDING OR TERMINATING BENEFITS BEYOND PAYMENT WITHOUT PREJUDICE PERIOD (FORM 107)
PART VII: INITIATING MODIFICATION OR TERMINATION OF BENEFITS (FORM 108)
PART VIII: WITHDRAWING CLAIMS OR COMPLAINTS (FORM 109)
PART IX: FILING EMPLOYEE CLAIM (FORM 110)
PART X: COMPLETING EMPLOYEE'S EARNINGS REPORT (FORM 126)
PART XI: FORMS
CHAPTER 4 DISCOVERY AND SUBPOENA PRACTICE BEFORE THE DIA
PART I: STRATEGY
PART II: UNDERSTANDING REQUESTS FOR DISCOVERY
PART III: INITIATING AND OPPOSING REQUESTS FOR PRODUCTION
PART IV: INITIATING AND OPPOSING REQUESTS FOR INSPECTION OF PREMISES
PART V: REQUESTING FEDERAL AGENCY RECORDS UNDER FREEDOM OF INFORMATION ACT (FOIA)
PART VI: INSPECTING OR OBTAINING DOCUMENTS UNDER PERSONNEL RECORD LAW
PART VII: OBTAINING RECORDS AND INFORMATION FROM DIA
PART VIII: USING SUBPOENAS IN DIA PRACTICE
PART IX: COMPELLING DISCOVERY AT DIA
PART X: FORMS
CHAPTER 5 SECTION 1(7A) AND INDEMNITY BENEFITS
PART I: STRATEGY
PART II: UNDERSTANDING PERSONAL INJURY AS DEFINED IN SECTION 1(7A)
PART III: DETERMINING AVERAGE WEEKLY WAGE
PART IV: UNDERSTANDING SECTION 34 TEMPORARY TOTAL INCAPACITY BENEFITS
PART V: UNDERSTANDING SECTION 35 TEMPORARY PARTIAL INCAPACITY BENEFITS
PART VI: UNDERSTANDING SECTION 34A PERMANENT AND TOTAL INCAPACITY BENEFITS
PART VII: UNDERSTANDING SECTION 31 DEATH BENEFITS
PART VIII: UNDERSTANDING SECTION 36 BENEFITS FOR LOSS OF FUNCTION, SCARRING AND DISFIGUREMENT
PART IX: UNDERSTANDING SECTION 28 BENEFITS FOR SERIOUS AND WILFUL MISCONDUCT OF THE EMPLOYER
PART X: FORMS AND AGENCY MATERIALS
CHAPTER 6 MEDICAL BENEFITS, UTILIZATION REVIEW AND VOCATIONAL REHABILITATION BENEFITS
PART I: STRATEGY
PART II: UNDERSTANDING MEDICAL BENEFITS
PART III: MASTERING THE UTILIZATION REVIEW PROCESS
PART IV: NAVIGATING THE VOCATIONAL REHABILITATION PROCESS
PART V: FORMS
CHAPTER 7 CONCILIATION AND CONFERENCE PROCEDURES
PART I: STRATEGY
PART II: UNDERSTANDING THE STRUCTURE AND PROCESS AT THE DEPARTMENT OF INDUSTRIAL ACCIDENTS
PART III: FILING OF CLAIMS FOR BENEFITS AT THE DEPARTMENT OF INDUSTRIAL ACCIDENTS
PART IV: FILING OF COMPLAINTS BY INSURERS/SELF-INSURERS
PART V: UNDERSTANDING THE PROCESS AND PROCEDURE FOR CONCILIATIONS
PART VI: UNDERSTANDING COUNSEL'S ROLE POST CONCILIATION/PRECONFERENCE
PART VII: UNDERSTANDING PROCESS AND PROCEDURE FOR CONFERENCES UNDER SECTION 10A
PART VIII: APPEALING CONFERENCE ORDERS
PART IX: FORMS AND AGENCY MATERIALS
CHAPTER 8 HEARING AND APPEAL PROCEDURES
PART I: STRATEGY
PART II: UNDERSTANDING EFFECT OF IMPARTIAL PHYSICIAN REPORT ON LITIGATION PROCESS
PART III: PREPARING PRE-HEARING STRATEGIES-EMPLOYEE
PART IV: COMMENCING THE HEARING PROCESS
PART V: ADMITTING EVIDENCE AT HEARING
PART VI: FILING APPEAL OF HEARING DECISION
PART VII: UNDERSTANDING THE REVIEWING BOARD PROCESS
PART VIII. FORMS
CHAPTER 9 RESOLVING WORKERS' COMPENSATION CASES
PART I: STRATEGY
PART II: USING FORM 113 AGREEMENT TO PAY COMPENSATION
PART III: USING SECTION 19 AGREEMENT TO RESOLVE CLAIM OR COMPLAINT
PART IV: RESOLVING THE CASE BY SECTION 48 LUMP SUM SETTLEMENT
PART V: FORMS
CHAPTER 10 ATTORNEY'S FEES, PENALTIES, RECOUPMENT, FRAUD, ENFORCEMENT, WITHDRAWAL OF REPRESENTATION AND THIRD PARTY SETTLEMENTS
PART I: STRATEGY
PART II: UNDERSTANDING ATTORNEY'S FEES
PART III: UNDERSTANDING PENALTY PROVISIONS
PART IV: UNDERSTANDING FRAUD
PART V: RECOUPING OVERPAYMENTS
PART VI: ENFORCING ORDERS AND DECISIONS
PART VII: WITHDRAWING FROM REPRESENTATION
PART VIII: UNDERSTANDING THIRD PARTY SETTLEMENTS
PART IX: FORMS
INDEX