Recently, the Massachusetts Reviewing Board of Industrial Accidents analyzed whether an employee had met her burden of proving that her falls suffered at work were compensable under the Massachusetts Workers’ Compensation Act. In this case, the Board found that even without considering the falls, the medical evidence supported a finding that…
Recently, the Massachusetts Reviewing Board of Industrial Accidents addressed an appeal in a case involving benefits for a work-related limp suffered by an employee. At issue was not the cause of the injury but instead the amount of benefits awarded the employee. The judge had not relied upon a medical report, and…
The Massachusetts Reviewing Board of Industrial Accidents recently reviewed an administrative judge’s decision regarding § 34 and § 35 benefits in a workers’ compensation appeal. Specifically, the judge allowed the employer’s insurance company to submit additional medical evidence in support of modifying the injured employee’s benefits. At the time of…
Recently, the Massachusetts Reviewing Board of Industrial Accidents analyzed the issue of adopting medical opinions consistent with facts regarding workers’ compensation benefits for an employee suffering from work-related injuries. Kujtime Uka, an employee of Westwood Lodge Hospital, appealed a decision denying her claim for benefits based on two work-related incidents.…
The Massachusetts Department of Industrial Accidents Reviewing Board reversed an award of § 34A permanent and total incapacity benefits granted by an administrative law judge because the injured employee did not present credible evidence of the need for an award of these benefits. Instead, in this decision, the Board granted…
In a recent opinion, the Appeals Court of Massachusetts reviewed a workers’ compensation case in the matter of In re Murphy, 89 Mass. App. Ct. 1122 (2016). The employee appealed a decision of the Reviewing Board of the Department of Industrial Accidents, which affirmed an order by the administrative judge denying…
In a newly released decision, the Massachusetts Reviewing Board of Industrial Accidents addressed the issue of crediting workers’ compensation benefits paid by another state to a Massachusetts insurer. In Deborah Dean v. Access Nurses, Inc., the employee appealed from an order awarding her a closed period of § 34 total…
In a newly issued decision, the Massachusetts Reviewing Board of Industrial Accidents considered an appeal regarding workers’ compensation benefits awarded after an untimely order of an administrative judge. In Albert Mancini v. Suffolk County Sheriff’s Department, the worker sustained injuries to his lower back, right knee, and left elbow in…
In a newly issued decision concerning workers’ compensation benefits, the Massachusetts Reviewing Board of Industrial Accidents determined whether § 36 benefits were appropriately awarded to an employee after his employer’s insurer appealed the decision. In Scott Marino v. Progression Systems (April 5, 2016), the employee was injured in a catastrophic accident…
In some cases, workers’ compensation appeals are not resolved by the Massachusetts Reviewing Board of Industrial Accidents and must be recommitted to the administrative judge for further findings of fact. In a recent opinion, the Reviewing Board was faced with just such an appeal in the matter of William Herrera…