An employee can be injured on the job, and the injury may aggravate a pre-existing physical condition. This is called a combination injury. The combination of physical problems may make it difficult or impossible for an employee to work. However, even when there may be no question that the new work injury made…
Articles Posted in Workers’ Compensation
In Workers’ Compensation Hearing, Judge Must Consider Proper Evidence and Consider It Properly
An Administrative Law Judge (ALJ) in Massachusetts, in deciding whether an injured employee should receive workers’ compensation benefits, must consider and use evidence correctly in making a decision, or the decision could be thrown out by the Reviewing Board. A hospital employee who was injured on the job at Brigham and Women’s Hospital…
Judge Can’t Conduct Independent Investigation to Discredit Employee and Deny Claim
An administrative law judge (ALJ) at a benefits hearing has the sole authority and responsibility to determine the claimant’s credibility. He or she hears the evidence, including the testimony and cross-examination of witnesses, and makes an impartial decision based on what is presented in court. Ordinarily, a Reviewing Board will not disturb…
Injured Police Officer Entitled to Special Workers’ Compensation Benefits
The Appeals Court of Massachusetts granted a police officer reimbursement for the dental bills he incurred to replace teeth knocked out while he was on duty 20 years before. The police officer was injured on the job in Lynn, Massachusetts in 1980. When he applied for reimbursement for the cost of treatment for his injuries, the city…
Right to Workers’ Compensation Coverage Can’t be Taken Away by Employer
The Appeals Court of Massachusetts recently affirmed that the Department of Industrial Accidents has jurisdiction over a claim by a person injured at work, even if the employer had required the employee to sign a contract giving up all rights under the workers’ compensation laws. The defendant, Eastern Connection Operating, Inc., hires drivers…