Workers Compensation Summary of Reviewing Board Cases – May 2017

Section 11A Roger Bereshny v. General Electric Company, ____ Mass. Workers Comp. Rep. ____ (Long, J. 5/1/2017). The Reviewing Board utilized the majority of the written decision to emphasize that a subjective approach to medical complexity is required in cases, and cites Dunham v. Western Massachusetts Hospital, 10 Mass Workers Comp. Rep. 818 (1996). In......

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Workers Compensation Summary of Reviewing Board Cases – April 2017

Commentary by the Judge Theresa Saia v. Grow Associates, Inc., ____ Mass. Workers Comp. Rep. ____ (Long, J. 4/11/2017). In the decision, the Administrative Judge commented that the Employee appeared uncomfortable during testimony and changed position throughout. However, this perception was not memorialized in the record at the time of the hearing. As a result......

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Workers Compensation Summary of Reviewing Board Cases March 2017

Causal Relationship Steven Vallee v. Brockton Housing Authority, ____ Mass. Workers Comp. Rep. ____ (Harpin, J. 3/15/2017). The Employee appeals the decision denying his claim for weekly monetary and medical benefits after 3/30/2012. The Reviewing Board affirmed the decision opining that it was the Employees burden to provide medical evidence that his psychological disability after......

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Workers Compensation Summary of Reviewing Board Cases, February 2017

  Section 1(7A) Douglas Ballou v. Briscon Electric, ____ Mass. Workers Comp. Rep. ____ (Fabricant, J. 12/6/2017). The Insurer appealed a decision awarding the Employee Sections 34 and 35 benefits, as well as Sections 13 and 30 benefits, including surgery and rehabilitation. After Hearing, the Administrative Judge found the Employee suffered a repetitive injury, that......

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Workers Compensation Summary of Reviewing Board Cases, January 2017

Melvin Morales v. Not Your Average Joes, Inc., ____ Mass. Workers Comp. Rep. ____ (Koziol, J. 1/31/2017). The Employee appeals a Decision denying and dismissing his claims for Section 34, 35 and 34A benefits. The Reviewing Board found one dispositive argument; the argument that the employee had disability opinions from 2015 and 2016 which were......

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Workers Compensation Summary of Reviewing Board Cases, December 2016

  Causal Relationship Andrew ORourke v. New York Life Insurance, ____ Mass. Workers Comp. Rep. ____ (Calliotte, J. 12/7/2016). The Insurer appealed a Decision awarding ongoing Section 34 benefits and Section 13 and 30 medical benefits, including two surgeries. The Insurer argued that the Administrative Judge did not make adequate findings as to the physical......

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Workers Compensation Summary of Reviewing Board Cases, November 2016

Section 11A(2) Satwant Saini v. Jeffco Fibers, Inc., ____ Mass. Workers Comp. Rep. ____ (Harpin, J. 11/14/16). The Employee appealed a decision dismissing his claims for medical benefits due to his failure to pay the appeal fee. In 2007, the employee appealed a conference order denying the claim, but did not submit payment pursuant to......

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Tree troubles? Massachusetts laws concerning tree removal

Did you know there are laws in Massachusetts that address the wrongful removal of trees? The Willful Trespass to Trees statute (Massachusetts General Laws, Chapter 242, section 7) imposes substantial penalties for wrongful removal of trees. If anyone (negligent contractor, nosey neighbor, etc.) takes down a tree growing on your land (that you wanted to......

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Workers Compensation Summary of Reviewing Board Cases – October, 2016

Section 1(7A) Cheryl Briere v. Lowell General Hospital, ____ Mass. Workers Comp. Rep. ____ (Harpin, J. 10/17/2016). The Insurer appealed a decision awarding Section 34A benefits arguing, in relevant part that, 1.) that the Employee never claimed such benefits, 2.) the Administrative Judge discounted its Section 1(7A) defense and did not perform the requisite Section......

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Workers’ Compensation Summary of Reviewing Board Cases – September, 2016

Penalties Section 8(1) Cornelia DeLeon v. Department of Correction MASAC, ____ Mass. Workers Comp. Rep. ____ (Horan, J. 9/22/2016). The Self-Insurer appealed a decision awarding a Section 8(1) penalty for the Self-Insurers failure to make timely payments. The Parties entered into an agreement whereby the Self-Insurer would pay $14,000 in Section 36(k) benefits (a compromised......

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