Recently, the Massachusetts Department of Industrial Accidents, Review Board, held that a judge had erred by substituting his own findings for those of the examining physician and that the employee was entitled to the reversal of his decision. In this case, the Board assessed whether in this successive insurer situation, the…
The Department of Labor’s Occupational Safety and Health Administration (OSHA) recently cited an employer following a fatal Boston accident that killed two employees. The employer was cited for “18 willful, repeat, serious and other-than-serious” violations of workplace safety standards. Generally, these standards range from providing proper safety equipment to employees…
Recently, the Massachusetts Department of Industrial Accidents, Reviewing Board, affirmed a decision in favor of an injured employee’s temporary total incapacity benefits due to an industrial accident. On appeal, the Board focused on whether the judge had committed an error by considering evidence of the injured employee’s physical state, without…
In an appeal brought after an employee was denied claims for weekly and medical workers’ compensation benefits, the Massachusetts Department of Industrial Accidents Reviewing Board upheld the judge’s decision. The Board held that the judge had properly denied the employee’s request to include evidence set forth in his hearing before…
In an appeal involving an employee’s award of workers’ compensation benefits for an incapacity due to a work injury, the Board upheld the decision against the insurer’s allegations that the judge had mischaracterized the medical evidence and erred in denying its request to join other insurers to the claim. In…
In an appeal before the Massachusetts Department of Industrial Accidents Reviewing Board, an employee’s claim for psychological disability caused by work events ten years prior was denied, affirming the judge’s findings that the employee had not met his burden of showing that his mental disability has been caused by his…
Employers are required to maintain workplace safety standards set forth by federal law. The United States Department of Labor, Occupational Safety and Health Administration (“OSHA”), recently cited a used auto parts business in Bellingham, Massachusetts for failing to abide by required workplace safety standards. This failure led to an employee’s death, and…
In an appeal taken from the reviewing board of the Massachusetts Department of Industrial Accidents, an injured worker sought review of an administrative law judge’s order that reduced her earlier award of weekly benefits. The appellate court analyzed the previous orders and determined that the most recent order had evidentiary support, and in…
The Massachusetts Department of Industrial Accidents Reviewing Board issued a decision in a workers’ compensation case centered on whether a judge relied upon necessary evidentiary support for causation. The Board stated the rule that the proof of a causal relationship between an accident and a disability must rest upon expert medical testimony. In…
Some occupations are inherently dangerous, especially those that require workers to climb ladders or rooftops. Falling from either of these locations can lead to catastrophic injuries and even death. According to Massachusetts law, injured workers who are hurt in the course and scope of employment may pursue a workers’ compensation claim against their…