In Massachusetts all employers must carry workers' compensation insurance, and if an employee is injured within the scope of his employment he is entitled to certain wage replacement benefits, payment of his medical treatment and other specific compensation benefits provided by statute. The interplay between workers' compensation benefits, lawsuits against third parties and lienholders is a difficult area requiring much knowledge and expertise.
I have experience in handling workers' compensation claims at the single judge, reviewing board and appellate level.
In a case that was ultimately considered by the Massachusetts Supreme Judicial Court, I represented a trucking company and its insurer which contested a claim for lifetime total disability benefits by an employee who alleged he contracted meningitis while working. A trial court finding in favor of the employer was sustained in three successive appeals.
In WP v. BSG, the self-insured employer denied an employee's disabling back condition was primarily caused by an injury at work and terminated his benefits. He thereafter received short term, then long term, disability insurance payments under a union benefit plan. The employee challenged the denial of his workers' compensation claim and ultimately agreed to resolve the case and accept a settlement. The disability insurer had asserted a lien which would have consumed most of the employee's recovery. On the employee's behalf, a proceeding was instituted to discharge the lien, which was resolved, for a small fraction of the lien amount after full briefing, the day prior to hearing before the Single Judge of the Reviewing Board.