In a newly issued decision on a workers’ compensation appeal, the Massachusetts Reviewing Board of Industrial Accidents reviewed an administrative judge’s decision regarding an employee’s claim for total incapacity benefits. In Charles Berfield v. North Shore Medical Center, the employee was working as a mental health counselor when he was assaulted…
In a recent case, the Massachusetts Reviewing Board of Industrial Accidents reviewed an appeal by an employer of a decision awarding workers’ compensation benefits to its employee. In Peter Bennett v. Northeastern University, the employee had worked as an HVAC foreman and technician from 2004 through 2008. The employee claimed that…
The Massachusetts Reviewing Board of Industrial Accidents recently reviewed an administrative judge’s decision regarding § 35 and § 36 benefits in a workers’ compensation appeal. In Donald Kendrick, Jr. v. Grus Construction Personnel, the employee sustained a work-related injury to his lower back, knee, shoulder, and elbow. The employer’s insurer…
When an employee suffers a workplace accident that combines with his or her pre-existing medical condition, there are additional aspects considered in determining workers’ compensation benefits. The Massachusetts Reviewing Board of Industrial Accidents recently reviewed an administrative judge’s denial of benefits in a workers’ compensation appeal in Kelly Anne Martinson…
The Massachusetts Reviewing Board of Industrial Accidents recently reviewed an administrative judge’s decision in a workers’ compensation appeal. In Roberto Fernandez v. State Street Development, the employee suffered a compensable injury and claimed loss of function and disfigurement benefits pursuant to § 36(h) and § 36(k) of the Massachusetts Workers’…
In an important decision, the Massachusetts Supreme Judicial Court issued an opinion regarding liens placed by workers’ compensation insurers on damages paid to employees through third-party settlements. In DiCarlo v. Suffolk Const. Co. (Mass. Feb. 12, 2016), the court addressed two separate cases in which a workers’ compensation carrier sought…
The Massachusetts Department of Industrial Accidents Reviewing Board recently reviewed an appeal involving workers’ compensation benefits in the matter of Steven Lupa v. United Parcel Service. The employee in the case appealed a decision of an administrative judge denying his claims for § 34 total incapacity benefits and § 35…
The Massachusetts Department of Industrial Accidents Reviewing Board recently decided an appeal involving medical benefits and mileage reimbursement under the workers’ compensation laws. In Frances Margraf v. Central Berkshire Regional School District, the employer’s insurer appealed a decision of an administrative judge awarding benefits pursuant to G.L.c. 152 § 13 and § 30.…
A Massachusetts court recently reviewed a decision of the Department of Industrial Accidents regarding workers’ compensation benefits in the case of Giraldo v. Dep’t of Indus. Accidents (Mass. Super. Jan. 12, 2016). In Giraldo, the primary issue for the court was whether the Department erred by dismissing the employee’s claim…
The Massachusetts Department of Industrial Accidents Reviewing Board evaluated an appeal involving MGLA 152 § 34 workers’ compensation benefits in the matter of Adrian Aleman v. City of Boston. The parties appealed from a decision awarding the employee § 34 benefits after a work-related accident was found to be a…