The Massachusetts Appeals Court recently reached an opinion in the case of Nguyen v. Eastern Connection Operating, Inc., Mass. App. Ct. (2014), which elucidates two potentially common issues in workers’ compensation cases: whether classifying a worker as an independent contractor can circumvent required coverage for employees, and whether a workers’ compensation rights…
In a recent case, Estate of Moulton v. Puopolo, the Massachusetts Supreme Judicial court handed down a landmark decision for workers’ compensation claims in Massachusetts. The case arose out of an incident in which a 25-year-old female employee, who was working as a residential treatment counselor at a non-profit mental health…
Hasbro Employee Injured on Assembly Line Receives Benefits When a self-insured employer appeals a decision awarding workers’ compensation benefits to one of its employees, it must at least raise its objections at the original hearing or risk losing the option on appeal. In the case at Board No. 007702-09, Hasbro,…
Virtually all Massachusetts employees are eligible for workers’ compensation insurance coverage, even if they work for a temporary agency or are undocumented immigrants. Their survivors are eligible for workers’ compensation benefits if the worker dies in a job-related accident. Worker Killed While Cleaning Machinery A sanitation supervisor at the New Bedford,…
Central Transport’s Billerica, Massachusetts Shipping Terminal Cited For Hazards The federal Occupational Safety and Health Administration (OSHA) cited Central Transport LLC for safety hazards at its freight shipping terminal in Billerica, Massachusetts. OSHA investigators found conditions at the terminal that could lead to Central Transport employees’ being electrocuted, crushed, or injured due…
Employee Suffers Back Injury At Work Mr. Carlos Araujo, age 58 at the hearing, was educated through the sixth grade in Uruguay. He speaks limited English and testified with the assistance of a Spanish interpreter. His work history consists of heavy labor. On his injury date, he was working as a construction…
Employee Signs Employment Contract Under Indiana Law An employer may present a prospective employee with a contract that includes a forum selection clause. This requires the employment relationship to be governed by the law of a different state than the state where the employee is hired or expects to work. However,…
Massachusetts Regulations on Zohydro Prescribing A physician treating an injured worker suffering from severe chronic pain may prescribe one prescription drug after another, including potent opioids, in search of relief for the patient. The use of opioid painkillers can lead to overdose, addiction, accidents, permanent disability, and even death. Governor Deval Patrick, responding…
DOL Sues Crown Furniture for Firing Employee who Filed OSHA Complaint The US Department of Labor has sued Crown Furniture, a West Springfield, Massachusetts company, and its owner, Donald Pottern, after Pottern allegedly fired a worker who had filed a complaint with OSHA over workplace safety violations. The Occupational Safety and Health Act is…
Firefighters Die Trapped in Burning Building A fire on March 26, 2014 near D & J Ironworks in Malden caused the deaths of two Boston firefighters, Michael R. Kennedy, 33, and Lieutenant Edward J. Walsh, Jr., 43. The firefighters died trapped in the basement of 298 Beacon St. They had been called to…