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 …
WHAT ARE LONG TERM AND SHORT TERM DISABILITY BENEFITS? Long Term Disability (LTD) and Short Term Disability (STD) are insurance policies often included in an employee’s benefit package from an employer. These policies can also be purchased directly from an insurance company. As most issues arise with LTD claims, this will be the focus of …
A workers’ compensation insurer was not required to pay for medical marijuana pursuant to M.G.L. c. 152 §13 and 30, which otherwise require payment for adequate and reasonable medical expenses. The case arose from a claim by an injured worker, Daniel Wright, for reimbursement in the amount of $24,267.86, for the cost of medical marijuana …
Read moreWright’s Case – Injured Worker Denied Reimbursement for Medical Marijuana
Workers’ Compensation Insurers Covertly Avoiding Covid Claims It appears there is a concerted effort on the part of workers’ compensation insurers and employers to avoid classifying COVID claims as work-related. Employers are being encouraged to pay sickened workers for a limited time hoping they will recover and return to work. If an Employee is paid …
Workers’ Compensation Protection for First Responders, Medical Personnel and Other Workers On March 17, 2020, state legislators proposed an emergency bill to cover first responders, medical personnel and other workers for COVID-19, the Coronavirus infection. This law applies to emergency medical technicians, emergency room and urgent care medical personnel, and emergency room and urgent care …