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MA: Democratic-Controlled House Narrowly Defeats Bill to Block Illegal Immigrant Benefits

BOSTON, MA - The Boston Globe reports that the Democrat-controlled House yesterday narrowly defeated a bill to block public benefits, including workers' compensation, for illegal immigrants.

MA: Massachusetts Businesses to Save $75 Million in Proposed Workers' Comp Rates Under Deal

BOSTON, MA - Massachusetts businesses will save approximately $75 million in proposed workers’ compensation rates under a deal announced today by Attorney General Martha Coakley’s Office and the State Rating Bureau of the Division of Insurance. The insurance companies had sought an average...

State-by-State Workers' Comp News Powered by Larson's (7/8/2013)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. STATE NEWS: CA: OAL Grants DWC Request for Readoption of Some Emergency Regulations . CA: DWC Issues Third 15-Day...

State-by-State Workers' Comp News Powered by Larson's (7/29/2013)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. NATIONAL AND STATE NEWS: Cases on Retaliation for Reporting Workplace Injuries Doubled in Last Decade . Humana...

State-by-State Workers' Comp News Powered by Larson's (9/23/2013)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. NATIONAL AND STATE NEWS: CA: DWC Final QME Regs Now in Effect . CA: DWC Posts Instructions on Interpreter Certification...

National and State-by-State Workers' Comp News Powered by Larson's (9/30/2013)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. NATIONAL AND STATE NEWS: US DOL Posts Final Rule re Byrd Amendments to Black Lung Benefits Act . White House Delays...

National and State-by-State Workers' Comp News Powered by Larson's (10/14/2013)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. NATIONAL AND STATE NEWS: WCRI 16-State Benchmark Study Measures Costs for Workplace Injuries . Small Businesses in...

Massachusetts: Between Insurers, Payment of Benefits Is No Waiver of Right to Contest Coverage

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 as a recurrence claim and paid benefits, that...

Federal: Hospital Employee, Injured in Slip & Fall While Visiting Newborn Daughter, May Sue Employer in Tort

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 the medical center’s Neonatal Intensive Care...

Massachusetts: Estate May Not Maintain Wrongful Death Against Directors of Nonprofit Employer

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 counselor was fatally attacked by one of the facility’s...

Massachusetts: University’s Control of Public Street Doesn’t Turn Street Into Its “Premises,” Injury Claim Barred by Going and Coming Rule

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 the employment; his claim was barred by the going...

Federal: Massachusetts Federal Court Strikes Down State Regulation Limiting Sale of New Opioid

A federal district court, indicating that state lawmakers “may not use vague regulations to sidestep or countermand federal law” for opioid dispensing, has struck down two Massachusetts regulations that would ban or limit sales of Zohydro ER, the only opioid analgesic whose sole active ingredient...

National and State-by-State Workers' Comp News Powered by Larson's (9/15/2014)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. Improving WC Market Drives NCCI Recommendations for Rate Cuts in 15 States . Self-Funded Health Care Plans for Small...

Massachusetts: Insurer’s Lien Does Not Reach Injured Worker’s Damages for Pain and Suffering in Third-Party Action

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 pain and suffering recovered by the injured worker...

National and State-by-State Workers' Comp News Powered by Larson's (1/11/2015)

Congress Passes Legislation for TRIA Extension . US Postal Data Breach May Compromise Health Data for Nearly 500,000 Workers . Mark Walls at Safety National Discusses 2015 WC Issues to Watch . CMS Posts 1/5/2015 Version of WCMSA Reference Guide . CMS Posts 1/5/2015 of MMSEA User Guide . ...

Massachusetts: “Alternative Employer Endorsement” in Staffing Company’s Policy Provides Immunity Protection for Special Employer Sued by Injured Worker

An “alternate employer endorsement” written into the workers’ compensation insurance policy maintained by an employment staffing company that named the defendant special employer as an additional insured satisfied the requirements of Mass. Gen. Laws c. 152, §§ 15 and 18, such...

Massachusetts: Employer’s Subrogation Rights Do Not Extend to Worker’s Pain and Suffering Recovery

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 by a third party for an employee’s pain and...

Massachusetts: Where Employer Has Two Comp Carriers, Claim Should Be Apportioned Between Them

Where an employer had two primary workers’ compensation insurance policies providing coverage for the same loss arising from injury to an employee and the employer notified only one of the insurers, who accordingly paid the claim, that insurer had a right of equitable contribution to ensure that...

Massachusetts: Judge Has Broad Discretion in Weighing Causation Evidence

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 an impartial medical examiner (IME), who expressed...

How to Help Injured Workers Reduce Opioid Dependency

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 problem. Should an insurer stop paying for the...