LexisNexis Practice Guide: Massachusetts Workers' Compensation

A true how-to book with time-saving tips and loaded with checklists, examples and forms
by Deborah G. Kohl (Author) , Michael Ready (Author)
Publisher: Matthew Bender

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ISBN: 9781663389749
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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 9781663363039.

eBooks, CDs, downloadable content, and software purchases are noncancelable, nonrefundable and nonreturnable. Click here for more information about LexisNexis eBooks. The eBook versions of this title may feature links to Lexis+® for further legal research options. A valid subscription to Lexis+® is required to access this content.

 

Featured Authors

Deborah G. Kohl
Michael Ready

Deborah G. Kohl

Deborah G. Kohl is an attorney concentrating in the areas of workers' compensation and disability law. She has been in practice for over 30 years with an office in Fall River, MA. She is a graduate of the University of Rhode Island and Northeastern University School of Law. She is a frequent lecturer and author on workers' compensation law. She is the editor of Massachusetts Workers' Compensation Sourcebook and Citator (2013, 2014) (MCLE). She is a fellow and President of the College of Workers' Compensation Lawyers and has been elected as a member of the National Academy of Social Insurance (NASI). She has served as Chair of the American Association for Justice (AAJ) Workers' Compensation Section and as President of Workers' Injury Law & Advocacy Group (WILG). She currently serves as a member of the WILG board and as a Vice President of the ABA TIPS Workers' Compensation Section. She is on the Board of the Massachusetts Academy of Trial Attorneys (MATA) and is the chair of the Massachusetts Bar Association Workers' Compensation Section.

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Michael Ready

Michael Ready

Michael Ready is a trial attorney concentrating in the areas of workers' compensation and personal injury law for over 25 years. He is a graduate of Assumption College, summa cum laude, and the New England School of Law, cum laude. Prior to founding Ready, Kiernan & McNally, LLP in 2003, he was a partner at Morrison Mahoney LLP. He served as the co-chair of the Massachusetts Bar Association Workers' Compensation Practice Group from 2002 to 2005. He was the President of the Plymouth County Bar Association (the oldest Bar Association in America) in 2013. He is also a Member of the Massachusetts Bar Association House of Delegates. Mr. Ready serves on the Board of Directors of South Coastal Counties Legal Services Corporation, a non-profit corporation that provides free civil legal services to low income and elderly residents of Southeastern Massachusetts. In 2014 he was honored to be selected to serve on the Massachusetts Joint Bar Committee on Judicial Appointments.

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Table of contents

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
 

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