DEPARTMENT OF INDUSTRIAL ACCIDENTS FORM 104 INSURER’S NOTIFICATION OF DENIAL 1. What does this form mean: THE WORKERS’ COMPENSATION INSURANCE COMPANY IS DENYING YOUR CLAIM AND WILL NOT PAY YOU ANY BENEFITS VOLUNTARILY. 2. How long does a workers’ compensation insurance company have to notify me that my claim is being denied? The workers’ compensation …
Read moreWhat is a FORM 104 Notification of Denial and What should I do?
DEPARTMENT OF INDUSTRIAL ACCIDENTS FORM 106 INSURER’S NOTIFICATION OF TERMINATION OR MODIFCATION OF BENEFITS DURING THE PAY WITHOUT PREJUDICE PERIOD CAN A WORKERS’ COMPENSATION INSURANCE COMPANY STOP PAYING BENEFITS WITHOUT GOING TO COURT OR OBTAINING YOUR CONSENT? Yes, if the following are true: 1. The workers’ compensation insurance company began paying you benefits within 14 …
Hollup vs. Worcester Retirement Board Robert Hollup applied for Accidental Disability Retirement benefits based upon a head injury he sustained at work when he fell off the back of a garbage truck. Hollup, who had suffered from depression prior to his work injury, claimed that his pre-existing depression was worsened by this injury and as …
Read moreA Pre-existing Condition Does Not Bar a Claim for Accidental Disability Retirement Benefits
Robbins v. State Board of Retirement (2023) Attorney Sally Clymer of the Law Offices of Juliane Soprano was successful in obtaining survivor benefits for the individual named on the Option B beneficiary form (Robbins). The issue was that there was no percentage allocated to Robbins, only his name was listed. The deceased Retiree’s family argued …
Pay Without Prejudice Period (PWOP): IF YOU RECEIVE A LETTER CONTACT A LAWYER BEFORE SIGNING IT! When you report an injury to your employer one of two things can happen: (1) the workers’ compensation insurance company (WC) will either deny benefits or (2) they will pay them. When the WC immediately agrees to pay benefits, its …
Work injury early intervention is the key to a successful workers’ compensation claim. In a recent decision from the Massachusetts Appeals Court, Lamport’s Case, it was held that an Employee who settled her workers’ compensation case could only make a claim for future medical treatment for body parts specifically listed in the settlement paperwork. Ms. Lamport …
The primary purpose of the Workers’ Compensation system is to provide workers’ with an income while they are recovering from an injury. The amount of the payments a worker receives will be based upon his/her Average Weekly Wage (AWW). The most important number in Workers’ Compensation is the employee’s average weekly wage. How to Calculate …
An audio message from Attorney Juliane Soprano Our Falmouth law office seeks a legal assistant/paralegal. Ideal candidate will have excellent interpersonal and communication skills, be able to prioritize tasks, organize information, be proficient in Word, and, have the ability to work independently, coordinate schedules and meet deadlines. Willing to train. Advancement into paralegal position …
In a recent Massachusetts Supreme Judicial Court case, Worcester Regional Retirement Bd. & others vs. Public Employee Retirement Admin Comm’n, the Court held an employee’s receipt of vacation or sick time (supplemental pay) in conjunction with his/her receipt of workers’ compensation benefits is not “regular compensation” and therefore, cannot be used to deny an employee …
Read moreAccidental Disability Retirement: Victory For Retirees
WHO CAN APPLY FOR ACCIDENTAL DISABILITY RETIREMENT (ADR) Any person who pays into the Commonwealth of Massachusetts or a municipal retirement system is potentially eligible for Accidental Disability Retirement (ADR) benefits if he/she becomes permanently disabled from returning to his/her prior job as a result of a work related injury. Accidental Disability Retirement (ADR) benefits …