The Massachusetts Department of Industrial Accidents Reviewing Board evaluated an appeal involving MGLA 152 § 34 workers’ compensation benefits in the matter of Adrian Aleman v. City of Boston. The parties appealed from a decision awarding the employee § 34 benefits after a work-related accident was found to be a…
Massachusetts Workers' Compensation Lawyer Blog
Massachusetts Employee Awarded Partial Incapacity Benefits in Worker’s Compensation Appeal
The Massachusetts Department of Industrial Accidents reviewed a decision of an administrative judge regarding an employee’s workers’ compensation benefits in Antonia Miranda v. Huntington Hotel Corporation. On March 6, 2010, the employee suffered a back injury when lifting trash while working at her job as a housekeeper. The employee underwent two…
Massachusetts Appeals Court Rules Injured Employee Failed to Establish Partial Incapacity
The Appeals Court of Massachusetts addressed the issue of partial incapacity benefits pursuant to G.L. c. 152 § 35 in a workers’ compensation claim, In re Barbosa’s Case, 10 N.E.3d 1144 (Mass. App. Ct. 2014). The court was presented with an employee’s appeal of a decision of the reviewing board…
Massachusetts Employee’s Workers’ Compensation Benefits for Specific Injury Affirmed
The Department of Industrial Accidents Reviewing Board recently released a decision in the matter of Karen L. Wunschel v. Charter Communications. In a previous 2011 hearing decision, an administrative judge found that the employee suffered workplace injuries. That decision was not appealed, and the employee subsequently filed claims for workers’…
Massachusetts Employee Fails to Establish Misconduct by Employer in Workers’ Compensation Case
The Massachusetts Department of Industrial Accidents Reviewing Board recently reviewed a decision denying workers’ compensation benefits in the case of Root v. G. Lopes Construction Co. The employee had been burned while working as a heavy equipment operator, and the employer’s insurer accepted liability for the employee’s burn injuries. The…
Massachusetts Reviewing Board Affirms Award of Burial and Dependency Benefits to Deceased Employee’s Wife
In a newly released decision, the Massachusetts Department of Industrial Accidents Reviewing Board considered an appeal by the employer of an award of § 31 benefits. In the workers’ compensation appeal in Harris v. Plymouth County, the employee suffered work-related injuries to his neck and back. The self-insured employer paid…
Massachusetts Employee Has Standing to Bring Claim for Reimbursement of Benefits Paid by MassHealth and Medicare
The Reviewing Board of the Department of Industrial Accidents recently decided an appeal in a workers’ compensation case, addressing the issue of whether an employee has standing to claim reimbursement of § 13 and § 30 medical benefits from her employer’s insurer for treatment paid by MassHealth and Medicare. The administrative judge denied the employee’s claim, finding that…
Massachusetts Employee Appeals Denial of Workers’ Compensation Benefits to Reviewing Board
The Massachusetts Reviewing Board of Industrial Accidents recently considered an appeal of an administrative judge’s decision to deny an employee’s claim for workers’ compensation benefits. In Robert Correia v. Advanced Heating and Hot Water Supply, the employee worked for the employer for 11 years prior to his injury, performing work…
Massachusetts Employee Contests Earning Capacity in Workers’ Compensation Appeal
The Massachusetts Department of Industrial Accidents Reviewing Board recently issued a decision in the case of Gradziel v. Berkshire Medical Center, in which an employee appealed a decision from the administrative judge modifying her § 35 benefits. In the workers’ compensation appeal, the employee argued that the judge erred by…
Massachusetts Workers’ Compensation Award for Carpal Tunnel Syndrom Appealed to Reviewing Board
The Massachusetts Department of Industrial Accidents Reviewing Board reviewed a decision of an administrative judge regarding workers’ compensation benefits in the case of Outridge v. MCI Concord. In Outridge, the employee had been working for the employer since 1987 as a correctional officer. In 1993, the employee injured his right…