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LexisNexis Practice Guide: Massachusetts Workers' Compensation

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2017 Edition
ISBN: 9781522138198
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2017 Edition
ISBN: 9781522138204
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2017 Edition
ISBN: 9781522138204
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$238.00
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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.

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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