Mass. Gen. Laws ch. 152 – Workers' Compensation | Midpage

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Massachusetts General Laws

Chapter 152

Mass. Gen. Laws ch. 152

Workers' Compensation

1Definitions 2Powers and duties of department; investigation of causes of injuries 2AApplication of amendments of statute 5Rules and regulations 6Notice of injuries; forms; additional reports; statistical summaries 6AInformational brochures; monitoring of benefits; resolution of disputes 6BDisposition of fines 7Commencement of payments 7APresumptions; employee unable to testify 7BAdmissibility of, or reference to, statement given insurer or self-insurer by claimant or in his behalf 7CRepresentation of claimants; compensation; denial or suspension of right to practice or appear 7FRecord of filing fees, penalties and attorneys' fees 7GDocumentation attached to claims 8Termination or modification of payments 9APhysicians engaged to testify or depose for employee; fees paid by insurer 10Claims for benefits; complaints requesting modification or discontinuation of benefits; conciliation 10AAssignments of cases; conferences; orders; appeals 10BArbitration; agreements; proceedings 10CCollective bargaining agreements; binding obligations and procedures 11Hearings; evidence; continuances 11AImpartial medical examiners 11BProcedure for hearings; depositions; record of proceedings 11CAppeals to reviewing board 11DEarnings reports by employees; recovery of overpayments 12Enforcement of orders; appeals from decisions of reviewing board; costs; reported questions; copies of judgments 12AAward of costs and attorney's fees 13Rate of payment by insurers; review of clinical health care providers; health care services board 13AAttorney's fees for employees 14Actions not based on reasonable grounds; illegal or fraudulent conduct; costs and penalties 14AEmployee leasing companies 15Liability of person other than insured 15AControversy as to which of two or more insurers is liable 16Subsequent findings discontinuing compensation; finality 17Enforcement of orders or decisions 18Independent and sub-contractors; liability of insurer and others 19Agreements by parties 20Hospital records as evidence; medical records and reports open to inspection 20ACopies of reports of medical examinations furnished employees; reports as evidence 20BMedical reports of physicians with disabilities or deceased physicians as evidence 21Notice by insured to employees 22Notice by insured to new employees; notice of cessation of insurance; filing copy 23Release of claims or demands at common law 24Waiver of right of action for injuries 25Insurer's liability on judgment for employee 25APurchase of insurance; self-insurance; reinsurance; deductibles 25BApplicability of statute relating to insurance and self-insurers; employer bringing employees within statute 25CFailure to provide for payment of compensation; stop work orders; penalties; liens; actions brought by losing bidders; civil actions for violations of chapter 25DService companies; investigation, adjustment or settlement of claims for self-insurers 25ESelf-insurance groups; definitions 25FCertification to act as self-insurance group 25GApplication for certificate; requirements; issuance 25HTermination of certificate 25IExamination of affairs, transactions, accounts, records and assets of each group; confidentiality and privilege 25JBoards of trustees 25KApplications for membership; cancellation of members; insolvency or bankruptcy of members 25LSolicitation of membership by licensed agents 25MMisrepresentations or omissions in solicitations of membership 25NPerformance reports; statements of financial condition 25OUniform classification system; premium contributions; application to make own rates; audits 25PRefunds 25QPremium payment plans; loss reserves; bad debt reserves 25RDeficiencies; assessments; liquidation of groups 25SPenalties 25TCease and desist orders 25URevocation of certificates of approval 25VApplicability of chapter 176V to groups governed by Secs. 25E to 25U 25WApplicability of chapter 176W to workers' compensation self-insurance groups governed by Secs. 25E to 25U 26Injuries arising out of and in course of employment 26ASuicide 26BConcurrent service of two or more employers; joint and several liability of insurers 27Willful misconduct of employee 27AFalse representation of physical condition by employee; right to benefits 28Willful misconduct of employer; defense; reimbursement of insurer; employment of minor; persons with intellectual disabilities; injuries at sheltered workshops 29Required period of incapacitation; personnel actions 30Adequate and reasonable health care services; preferred health care provider 30AMedical reports 30EDevelopment of voluntary agreements 30FIdentification of cases in which vocational rehabilitation services may be required 30GMeetings with injured employees requiring vocational rehabilitation services 30HApplications for vocational rehabilitation services 30IAvailability of new jobs and job training programs 31Death; compensation for dependents; hearings 32Persons presumed dependent on employee; division of benefits and payments for children of former marriage; parent surviving dependent parent; dependency determined by facts; division of benefits 33Burial expenses 34Total incapacity; compensation 34APermanent and total incapacity; compensation 34BReview date; supplemental benefits to Secs. 31 or 34A 35Partial incapacity; compensation 35AAdded compensation for dependents; payment; presumed dependents; dependency determined by facts 35BReturn to work; subsequent injury; rate of compensation 35CDate of eligibility; benefits applicable; adjustments 35DComputation of weekly wage 35EPersons eligible for old age benefits or pension; entitlement to benefits under Secs. 34 or 35 36Specific injuries 36ADeath before full payment of compensation for specified injuries; brain damage 36BUnemployment compensation benefits; eligibility 37Compensation for disability subsequent to physical impairment; reimbursement 37ACompensation for war veteran with a disability; reimbursement 38Consideration of employee's savings, insurance and other benefits 39Payment of compensation payable in case of death; payment of expenses and for legal services 40Guardian or next friend exercising employee's rights 41Notice of proceedings for compensation; limitation of actions 42Notice in general 43Service of notice 44Inaccuracies in, and want of, notice 45Examination by physician; filing copy of report; refusing or obstructing examination; reimbursement of travel expenses and wages 46Waiver of rights to compensation; arbitration 46AReimbursement for accident and health insurance benefits paid on compensable injuries; lien of insurers, et al., against award; child support claims 47Assignments; attachments; liability for debts 48Lump sum agreements 49Claim in general 50Interest on unpaid claims 51Natural increase considered in determining weekly wages 51ADecision in compensation case; law in effect 52BPriority of premiums and interest charges over other claims 52CRating organizations in general; subscribers; co-operative activities; rates; freedom of contract; examination of records; confidentiality and privilege 52DAppeal from action or decision of rating organization; rating information 52EViolation of statutes; failure to comply with commissioner's orders; suspension and revocation of licenses 52FHearing on order or decision of commissioner; suspension or postponement of action; review; stay of order or decision 52GPartial invalidity of statute 53Mutual companies; distribution of risks into groups 53AClassification of risks and premiums; distribution of premiums among employers 54ANecessity of insurance contract insuring payment of compensation 55Approval of policy by commissioner; review; issuance of policy in violation of statute 55AMid-term notice of cancellation 56Joint and several policies 57Deposits of value of outstanding claims under contracts 58Computation of value of claims 59Holding deposits in trust; payment of claims; transfer to trustee; accounts; refunds; return of balance 60Effect of appointment of receiver on order, deposit or payments; deposit by receiver 60AReview, suspension and reduction of order requiring deposit 60BLiability for expenses for custody and disbursement of deposit; determination; deduction from deposit 60CFailure to comply with order requiring deposit; certificate authorizing resumption of issuance of policies 60DForfeiture for failure to comply with order requiring deposit; issuance of policy while in default; enforcement of order, fine or forfeiture 61Bond for foreign company; other security 62Deposits by foreign companies; payment of obligations 63Insurance company information requested by department; rating organizations; notices furnished by companies 64Insurer's regulations for prevention of injuries; review; inspector's access to premises 65Special Fund; Trust Fund; assessment base; assessment rates; payments; reports; audits 65ADesignation of insurer to issue policy; equitable distribution of risks; servicing carriers; service fees 65BCancellation or termination of policy; review 65CEquitable distribution of losses; reinsurance pools; necessity of membership; plan of operation; cost containment programs 65DIssuance of policy to employer assigned to another insurer 65G''Losses incurred'' defined; determination of amounts to be paid 65HAdjustment of payments 65IPrimary liability to pay benefits 65JInspection of risks; rules 65KAppeal on ground premium is unreasonable or discriminatory; effect of determined rates 65LFailure of insurer to comply with statutes, order or rule; revocation or suspension of licenses; injunction 65MReview of orders or rulings; time; suspension and stay of order or rulings 65OEmployer's choice of insurance agent or broker; commission fees; service fees 66Actions for injuries sustained by employees; limitations; defenses 67Application to insureds and employers having right of election, of statutes relating to defenses to actions 68Applicability of statutes relating to employers' liabilities 69Commonwealth, counties, cities, towns and districts in general; members of a police or fire force in work under a contract 69BVouchers; examinations and investigations; reports 70Procedure and jurisdiction; compensation paid by commonwealth and its subdivisions 71Liability of county, city, town or district for employee's injuries 72Employee claiming or waiving rights against county, city, town or district 73Election to receive compensation or pension; retirement boards; prosecuting claims; attorney; notice to boards; special pensions 73AEmployment of employee with a partial disability; temporary employment to fill vacancy 74Application of statutes to all public employees; inmates of institutions; employees of boards or commissions and welfare districts 74AEmployee of one governmental unit or electric company aiding another unit or company; reimbursement of compensation 75Agents designated to furnish benefits and carry out statutes 75APreferences for hiring 75BQualified persons with disabilities; discrimination against employees exercising rights under this chapter; disclosure of data 86Public employees; certified copy of order, decision, or agreement mailed to public employee retirement administration commission, etc.