In a recent case, Estate of Moulton v. Puopolo, the Massachusetts Supreme Judicial court handed down a landmark decision for workers’ compensation claims in Massachusetts. The case arose out of an incident in which a 25-year-old female employee, who was working as a residential treatment counselor at a non-profit mental health…
Hasbro Employee Injured on Assembly Line Receives Benefits When a self-insured employer appeals a decision awarding workers’ compensation benefits to one of its employees, it must at least raise its objections at the original hearing or risk losing the option on appeal. In the case at Board No. 007702-09, Hasbro,…
Employee Suffers Back Injury At Work Mr. Carlos Araujo, age 58 at the hearing, was educated through the sixth grade in Uruguay. He speaks limited English and testified with the assistance of a Spanish interpreter. His work history consists of heavy labor. On his injury date, he was working as a construction…
Employee Signs Employment Contract Under Indiana Law An employer may present a prospective employee with a contract that includes a forum selection clause. This requires the employment relationship to be governed by the law of a different state than the state where the employee is hired or expects to work. However,…
Workers’ Compensation Benefits Only Available for Emotional Injury Due to Personnel Actions if in Bad Faith Under Massachusetts workers’ compensation law at Mass. G.L. ch. 152, § 1 (7A), an employee is not eligible for an award of benefits for a psychological and emotional injury that results from a bona fide (good faith) personnel action. But…
A Massachusetts company has put its workers in danger due to unsafe work practices involving the risk of electrocution and other injuries from power lines and possible injury or suffocation due to collapsed trench excavations, according to the federal Occupational Safety and Health Administration (OSHA). P. Gioioso & Sons, Inc. is a Hyde…
An article in the American Journal of Industrial Medicine 55:487-505 (2012) raises the question of why so many workers suffering from occupational illnesses and injuries receive no workers’ compensation benefits. The researchers, a law professor from Northeastern Law School in Boston, Massachusetts and a Labor and Management Studies professor from Rutgers…
A successful plaintiff in a lawsuit for personal injury due to an intentional or negligent act by another may be awarded damages by a judge or jury for emotional distress, in addition to compensation for physical injuries and lost wages. A Massachusetts court recently confirmed that compensation for emotional distress is also available…
The Massachusetts Legislature legalized medical marijuana in the Commonwealth by enacting the Humanitarian Medical Use of Marijuana Act of 2012. Massachusetts become one of 22 other states (Alaska, Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, and Washington)…
An Administrative Law Judge (ALJ) who hears and decides a claim for workers’ compensation benefits must consider a detailed technical record before rendering a decision. Sometimes a crucial piece of information is overlooked or ignored in the course of the judge’s decision-making process. When this happens, and the claim for benefits…