In a Massachusetts Reviewing Board Decision, the Department of Industrial Accidents determined that the spouse of a deceased worker was entitled to burial benefits, although they affirmed the denial of her claim for dependency benefits. The issue on appeal was whether the insurer had, by failing to appeal the award…
Recently, the Massachusetts Department of Industrial Accidents, Review Board, held that an administrative judge had not considered evidence the injured employee had properly submitted regarding his medical condition due to a work injury. The Board vacated the decision and remitted the matter for further review, noting also that the judge…
The main issue in a recent case before the Massachusetts Department of Industrial Accidents, Reviewing Board, was a dispute regarding an injured employee’s average weekly wage. A judge had determined that the employee was entitled to benefits, based on an average weekly wage of $1,726.37. The employer contended that the…
In an appeal before the Massachusetts Reviewing Board, Department of Industrial Accidents, the issues was whether an administrative judge had lacked impartiality in deciding that the insurer must pay benefits to an employee who suffered a workplace injury. The Board also addressed whether the judge had failed to rule on objections…
In a recent appeal, the Massachusetts Reviewing Board, Department of Industrial Accidents recommitted a case to further determine whether the employee’s average weekly wage had been properly determined. The employee in this case was 27 years old when the hearings took place, and she worked as a mental health assistant at the…
In a recent case before the Massachusetts Department of Industrial Accidents, Review Board, the issue was whether the “going and coming” rule applied, such that an injured employee was barred from receiving compensation. In this case, the Board turned to precedent to determine liability. The issue was whether the employee…
The Massachusetts Reviewing Board recently upheld a decision in favor of an employee diagnosed with Lyme disease after being exposed to tick bites while working as a lineman. The issue in this workers’ compensation case centered on when the tick bites were sustained. The employee’s symptoms had begun potentially years…
Recently, an employee appealed a decision to the Massachusetts Department of Industrial Accidents Review Board after a judge denied his § 30 claim for reimbursement of costs for a total left hip replacement. While the Board upheld the decision, they noted that the judge had set forth a standard for assessing…
According to Massachusetts workers’ compensation law, interest must be assessed on unpaid claims from the date the Department of Industrial Accidents receives notice of the claim. At issue in a recent case before the Massachusetts Court of Appeals was whether interest would begin as of the date the Department receives…
According to the Health and Safety Act of 1970, employers are required to provide a safe workplace for employees. Recently, an administrative judge with the Occupational Safety and Health Review Commission held that two contractors had been operating as a single employer at a worksite in Wenham, Massachusetts when three…