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What is a FORM 104 Notification of Denial and What should I do?

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 …

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Can a Workers’ Compensation Insurance Company Stop Paying Benefits Without Going to Court or Obtaining Your Consent?

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 …

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A Pre-existing Condition Does Not Bar a Claim for Accidental Disability Retirement Benefits

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 …

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What Is PWOP and Should I Sign Form 105?

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 …

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THE MOST IMPORTANT NUMBER IN WORKERS’ COMPENSATION

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 …

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We’re Hiring A Legal Assistant/Paralegal

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 …

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Accidental Disability Retirement: Victory For Retirees

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 …

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ACCIDENTAL DISABILITY RETIREMENT (ADR)

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 …

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Have you received PWOP Form 105 in the mail? Click for Critical Info

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