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Articles Posted in Workers’ Compensation

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Massachusetts Court Concludes Lower Court Erred in Relying on Surveillance Video to Determine that an Injured Worker’s Disability Resolved

Many different factors go into determining whether an injured worker is entitled to workers’ compensation benefits, such as determining whether the injury is causally related to his or her job duties, the average weekly wage that he or she earned and whether the injuries prohibit the employee from performing his…

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Massachusetts Appellate Court Reverses Award of Benefits Due to Lower Court’s Failure to Address Every Issues Raised at Hearing

The Massachusetts workers’ compensation system has many different procedural rules, including rules about what a judge must consider in determining whether to award benefits and how issues within a claim must be resolved. If a judge fails to follow these rules, an appeal may be proper. At Pulgini & Norton,…

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Massachusetts Court Issues Opinion Declaring that Medical Marijuana Treatments are Not Available in a Workers’ Compensation Claim

Medical marijuana is legal in many states, including Massachusetts. This has created novel legal issues for the workers’ compensation system when it comes to whether an insurer is required to compensate an employee who obtains medical marijuana in order to treat his or her work-related injuries. As dedicated Boston work…

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Massachusetts Appeals Court Upholds Denial of Insurer’s Attempt to Modify or Discontinue Injured Worker’s Benefits

There are certain types of evidence that a judge can consider when deciding whether to award workers’ compensation benefits and knowing whether the evidence presented to the judge is appropriate is a key aspect of any claim. A seasoned attorney can make objections to improper evidence or help the judge…

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Massachusetts Appellate Court Remands Award of Permanent and Total Incapacity Benefits Based on Judge’s Failure to Cite Evidentiary Support in his Opinion

Although any work-related injury can be devastating and painful, permanent and total injuries are the most severe because they have a lasting impact on the worker’s life and future job prospects. Employers and insurance carriers often fight claims involving permanent and total disabilities because of the amount of benefits and…

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Mass. Appellate Court Upholds Denial of Extended Benefits Based on Finding that the Claimant Misrepresented the Scope and Severity of his Symptoms

Medical expert testimony and evidence play a significant role in a workers’ compensation claim. As seasoned Boston work injury lawyers, we have assisted many injured workers throughout the area with understanding the claims process and ensuring that they receive the best outcome possible. Although you may be tempted to navigate…

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Mass. Appellate Court Reverses Denial of Psychiatric Injury Benefits Due to Confusion about Supporting Medical Evidence Submission

Some occupations put workers at serious risk of injury, including working with patients suffering from mental diseases who may act out in physical ways. People who face this kind of stress on a daily basis may also suffer from psychiatric harm as a result of being exposed to dangerous and high-stress…

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Mass. Appellate Court Upholds Dismissal of Employer’s Complaint Seeking Discontinuation of Worker’s Benefits in Toxic Exposure Disability Claim

Even when you have been awarded workers’ compensation benefits, the employer can seek a discontinuance of those benefits down the road based on a variety of factors such as a claim that your disability has improved. In many cases, the worker receiving benefits still requires those payments. Having a dedicated Boston…

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Massachusetts Appellate Court Issues Opinion Regarding Medical Expert Evidence Adoption in Toxic Mold Exposure Case

Work-related accidents take many different shapes and forms, including environmental exposure cases. When your on-the-job injury is complex, it is important to have a seasoned Boston workers’ compensation lawyer on your side to ensure that you receive the outcome that you deserve. In a recent case, the employee worked for…

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Massachusetts Appellate Court Issues Opinion Discussing Proper Rules for Calculating an Injured Worker’s Average Weekly Wages

If you are hurt at work, you can file a claim for workers’ compensation benefits, which provides injured employees with compensation for their lost wages and reasonable medical expenses. The claim process can be complex, especially if the insurer denies the claim or challenges certain decisions like the calculation of…

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