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Frequently Asked Questions about Massachusetts Workers Compensation

Powers and duties of department; investigation of causes of injuries
Application of amendments of statute
Repealed, 1921, 462, Sec. 8
Repealed, 1985, 572, Sec. 15
Rules and regulations
Notice of injuries; forms; additional reports; statistical summaries
Informational brochures; monitoring of benefits; resolution of disputes
Disposition of fines
Commencement of payments
Presumptions; employee unable to testify
Admissibility of, or reference to, statement given insurer or self-insurer by claimant or in his behalf
Representation of claimants; compensation; denial or suspension of right to practice or appear
Repealed, 1979, 67
Repealed, 1985, 572, Sec. 20
Record of filing fees, penalties and attorneys’ fees
Documentation attached to claims
Termination or modification of payments
Repealed, 1985, 572, Sec. 22
Repealed, 1985, 572, Sec. 23
Physicians engaged to testify or depose for employee; fees paid by insurer
Repealed, 1947, 286
Claims for benefits; complaints requesting modification or discontinuation of benefits; conciliation
Assignments of cases; conferences; orders; appeals
Arbitration; agreements; proceedings
Collective bargaining agreements; binding obligations and procedures
Hearings; evidence; continuances
AImpartial medical examiners
Procedure for hearings; depositions; record of proceedings
Appeals to reviewing board
Earnings reports by employees; recovery of overpayments
Enforcement of orders; appeals from decisions of reviewing board; costs; reported questions; copies of udgments
Award of costs and attorney’s fees
Rate of payment by insurers; review of clinical health care providers; health care services board
Attorney’s fees for employees
Actions not based on reasonable grounds; illegal or fraudulent conduct; costs and penalties
Employee leasing companies
Liability of person other than insured
Controversy as to which of two or more insurers is liable
Subsequent findings discontinuing compensation; finality
Enforcement of orders or decisions
Independent and sub-contractors; liability of insurer and others
Agreements by parties
Repealed, 1948, 158
Repealed, 1948, 157
Hospital records as evidence; medical records and reports open to inspection
Copies of reports of medical examinations furnished employees; reports as evidence
Medical reports of disabled or deceased physicians as evidence
Notice by insured to employees
Notice by insured to new employees; notice of cessation of insurance; filing copy
Release of claims or demands at common law
Waiver of right of action for injuries
Insurer’s liability on judgment for employee
Purchase of insurance; self-insurance; reinsurance; deductibles
Applicability of statute relating to insurance and self-insurers; employer bringing employees within statute
Failure to provide for payment of compensation; stop work orders; penalties; liens; actions brought by losing bidders; civil actions for violations of chapter
Service companies; investigation, adjustment or settlement of claims for self-insurers
Self-insurance groups; definitions
Certification to act as self-insurance group
Application for certificate; requirements; issuance
Termination of certificate
Examination of affairs, transactions, accounts, records and assets of each group
Boards of trustees
Applications for membership; cancellation of members; insolvency or bankruptcy of members
olicitation of membership by licensed agents
Misrepresentations or omissions in solicitations of membership
Performance reports; statements of financial condition
Uniform classification system; premium contributions; application to make own rates; audits
Premium payment plans; loss reserves; bad debt reserves
Deficiencies; assessments; liquidation of groups
Cease and desist orders
Revocation of certificates of approval
Injuries arising out of and in course of employment
Concurrent service of two or more employers; joint and several liability of insurers
Willful misconduct of employee
False representation of physical condition by employee; right to benefits
Willful misconduct of employer; defense; reimbursement of insurer; employment of minor; mentally retarded persons; injuries at sheltered workshops
 Required period of incapacitation; personnel actions
 Adequate and reasonable health care services; preferred health care provider
 Medical reports
 Repealed, 1986, 662, Sec. 28
 Development of voluntary agreements
 Identification of cases in which vocational rehabilitation services may be required
 Meetings with injured employees requiring vocational rehabilitation services
 Applications for vocational rehabilitation services
 Availability of new jobs and job training programs
 Death; compensation for dependents; hearings
 Persons presumed dependent on employee; division of benefits and payments for children of former arriage; parent surviving dependent parent; dependency determined by facts; division of benefits
 Burial expenses
 Total incapacity; compensation
 Permanent and total incapacity; compensation
 Review date; supplemental benefits to Sec. 31 or 34A
 Partial incapacity; compensation
 Added compensation for dependents; payment; presumed dependents; dependency determined by acts
 Return to work; subsequent injury; rate of compensation
 Date of eligibility; benefits applicable; adjustments
 Computation of weekly wage
 Persons eligible for old age benefits or pension; entitlement to benefits under Sec. 34 or 35
 Repealed, 1991, 398, Sec. 67
 Specific injuries
 Death before full payment of compensation for specified injuries; brain damage
 Unemployment compensation benefits; eligibility
 Compensation for disability subsequent to physical impairment; reimbursement
 Compensation for disabled war veteran; reimbursement
 Consideration of employee’s savings, insurance and other benefits
 Payment of compensation payable in case of death; payment of expenses and for legal services
 Guardian or next friend exercising employee’s rights
 Notice of proceedings for compensation; limitation of actions
 Repealed, 1985, 572, Sec. 51
 Notice in general
 Service of notice
 Inaccuracies in, and want of, notice
Examination by physician; filing copy of report; refusing or obstructing examination; reimbursement of ravel expenses and wages
Waiver of rights to compensation; arbitration
Reimbursement for accident and health insurance benefits paid on compensable injuries; lien of insurers, et al., against award; child support claims
Assignments; attachments; liability for debts
Lump sum agreements
Claim in general
Interest on unpaid claims
Natural increase considered in determining weekly wages
Decision in compensation case; law in effect
Repealed, 1987, 691, Sec. 13
Repealed, 1957, 301
Priority of premiums and interest charges over other claims
Rating organizations in general; subscribers; co-operative activities; rates; freedom of contract
Appeal from action or decision of rating organization; rating information
Violation of statutes; failure to comply with commissioner’s orders; suspension and revocation of licenses
Hearing on order or decision of commissioner; suspension or postponement of action; review; stay of order or decision
Partial invalidity of statute
Mutual companies; distribution of risks into groups
Classification of risks and premiums; distribution of premiums among employers
Repealed, 1923, 139, Sec. 1
Necessity of insurance contract insuring payment of compensation
Approval of policy by commissioner; review; issuance of policy in violation of statute
Mid-term notice of cancellation
Joint and several policies
Deposits of value of outstanding claims under contracts
Computation of value of claims
Holding deposits in trust; payment of claims; transfer to trustee; accounts; refunds; return of balance
Effect of appointment of receiver on order, deposit or payments; deposit by receiver
Review, suspension and reduction of order requiring deposit
Liability for expenses for custody and disbursement of deposit; determination; deduction from deposit
Failure to comply with order requiring deposit; certificate authorizing resumption of issuance of policies
Forfeiture for failure to comply with order requiring deposit; issuance of policy while in default; enforcement of order, fine or forfeiture
Bond for foreign company; other security
Deposits by foreign companies; payment of obligations
Insurance company information requested by department; rating organizations; notices furnished by companies
Insurer’s regulations for prevention of injuries; review; inspector’s access to premises
Special Fund; Trust Fund; assessment base; assessment rates; payments; reports; audits
Designation of insurer to issue policy; equitable distribution of risks; servicing carriers; service fees
Cancellation or termination of policy; review
Equitable distribution of losses; reinsurance pools; necessity of membership; plan of operation; cost containment programs
Dissonance of policy to employer assigned to another insurer
Repealed, 1990, 462, Sec. 5
“Losses incurred” defined; determination of amounts to be paid
Adjustment of payments
Primary liability to pay benefits
Inspection of risks; rules
Appeal on ground premium is unreasonable or discriminatory; effect of determined rates
Failure of insurer to comply with statutes, order or rule; revocation or suspension of licenses; injunction
Review of orders or rulings; time; suspension and stay of order or rulings
Repealed, 1973, 855, Sec. 6
Employer’s choice of insurance agent or broker; commission fees; service fees
Actions for injuries sustained by employees; limitations; defenses
Application to insured’s and employers having right of election, of statutes relating to defenses to actions
Applicability of statutes relating to employers’ liabilities
Commonwealth, counties, cities, towns and districts in general; members of a police or fire force in work under a contract
Repealed, 1992, 133, Sec. 507
Vouchers; examinations and investigations; reports
Procedure and jurisdiction; compensation paid by commonwealth and its subdivisions
Liability of county, city, town or district for employee’s injuries
Employee claiming or waiving rights against county, city, town or district
Election to receive compensation or pension; retirement boards; prosecuting claims; attorney; notice to boards; special pensions
Employment of partially disabled employee; temporary employment to fill vacancy
Application of statutes to all public employees; inmates of institutions; employees of boards or commissions and welfare districts
Employee of one governmental unit or electric company aiding another unit or company; reimbursement of compensation
gents designated to furnish benefits and carry out statutes
 references for hiring
Qualified handicapped persons; discrimination against employees exercising rights under this chapter; disclosure of data
Repealed, 1955, 234, Sec. 1
77 to 85Repealed, 1950, 220