Workers' Compensation

Recent Posts

Federal: Hospital Employee, Injured in Slip & Fall While Visiting Newborn Daughter, May Sue Employer in Tort
Posted on 21 Feb 2014 by Larson's Spotlight

Construing Massachusetts law, a federal district court recently denied an employer’s motion for summary judgment in a negligence action filed against the employer—a medical center—by an employee who slipped and fell on a wet floor in... Read More

Massachusetts: University’s Control of Public Street Doesn’t Turn Street Into Its “Premises,” Injury Claim Barred by Going and Coming Rule
Posted on 20 Jun 2014 by Larson's Spotlight

In a decision designated as unpublished, the Appeals Court of Massachusetts held that an M.I.T. employee, who sustained injuries in an accident as he drove his motor scooter home from work, did not sustain an injury arising out of and in the course of... Read More

How to Help Injured Workers Reduce Opioid Dependency
Posted on 10 Jan 2017 by Deborah Kohl

Massachusetts implements new opioid diversion track By Deborah G. Kohl, Esq. The significance of opioid dependency is clear to all participants in the field of workers’ compensation. The real issue facing the parties is how to deal with this... Read More

Massachusetts: Between Insurers, Payment of Benefits Is No Waiver of Right to Contest Coverage
Posted on 13 Dec 2013 by Larson's Spotlight

A Massachusetts appellate court held that an insurer's assumption of payment does not purport to constitute a waiver of its right to contest coverage with respect to another insurer. Accordingly, where the first insurer initially evaluated the matter... Read More

Massachusetts: Estate May Not Maintain Wrongful Death Against Directors of Nonprofit Employer
Posted on 21 Mar 2014 by Larson's Spotlight

The estate of a residential treatment counselor at a mental health clinic may not maintain a wrongful death action against two directors of the mental health association that employed the decedent, held the Supreme Judicial Court of Massachusetts. The... Read More

New! LexisNexis Practice Guide Massachusetts Workers’ Compensation
Posted on 2 Nov 2014 by LexisNexis Workers' Comp Law Newsroom Staff

A true how-to book with time-saving tips and loaded with checklists, examples and forms LexisNexis Practice Guide Massachusetts Workers’ Compensation is designed to assist the new practitioner, the sometime practitioner and the experienced practitioner... Read More

Massachusetts: Employer’s Subrogation Rights Do Not Extend to Worker’s Pain and Suffering Recovery
Posted on 19 Feb 2016 by Larson's Spotlight

The Supreme Judicial Court of Massachusetts held that while an employer is entitled to a lien on an employee’s recovery from a third party for work-related injuries under Mass. Gen. Laws ch. 152, § 15, the lien does not attach to damages paid... Read More

Massachusetts: Judge Has Broad Discretion in Weighing Causation Evidence
Posted on 19 May 2016 by Larson's Spotlight

The Massachusetts Industrial Accident Reviewing Board erred when it reversed an administrative judge’s decision that awarded benefits for a claimant’s left shoulder injury. The Board found that the judge had mischaracterized the findings of... Read More

Massachusetts: Insurer’s Lien Does Not Reach Injured Worker’s Damages for Pain and Suffering in Third-Party Action
Posted on 7 Nov 2014 by Larson's Spotlight

Relying upon an earlier decision [(Curry v. Great Am. Ins. Co., 80 Mass. App. Ct. 592 (2011)], a Massachusetts appellate court held that the workers’ compensation insurer’s lien under G. L. c. 152, § 15, does not reach the damages for... Read More