New England’s Premier Insurance Defense Firm

Statute of Limitations in MA, Medical Marijuana update and TKCK offering Connecticut training!

| Nov 9, 2018

What is the Statute of Limitations in Massachusetts Workers’

Compensation Cases?

There is a four (4) year time period or Statute of Limitations
during which a Massachusetts workers’ claim must be filed by an employee alleging an industrial injury.

The Statute runs “from the date the employee first became aware of the causal relationship between his/her disability and his/her employment.”

So if an injury is not formally diagnosed, the four year limit can extend much longer.

In the event of death, a claim
be filed no later than four (4) years after death.

A third-party case must be filed within three (3) years (M.G.L. c. 250 Section 2A) after the cause of action occurs. The employee controls the third-party action until after the seventh month, at which point if workers’ compensation is being paid either the employer or the insurer can proceed to enforce the liability i.e. file an action.

The payment of workers’ compensation or the filing of an claim tolls the workers’ compensation Statute of Limitations, but not the third-party three-year statute.

** Medical Marijuana Update **

Reimbursement in Massachusetts for medical marijuana is based on Section 30 “the insurer shall furnish to an injured employee adequate and reasonable health care services and medical marijuana if needed.”

As discussed during our seminar at Gillette Stadium in August, insurers are resisting payment for medical marijuana for a variety of reasons.

In Maine, the Maine Superior Judicial Court reversed an order against an insurer to reimburse the costs of medical marijuana. The court found that there is a direct conflict between the state’s medical marijuana law and the Federal Controlled Substance Act. The order to reimburse would cause the insurer to violate Federal Law and by aiding and abetting a criminal liability. (See
Bourgoin v Twin Rivers Paper Co, L.L.C,
2018 ME 77)

Our office has defended this same issue to the New Hampshire Superior Court and a decision is pending.

In Massachusetts we have successfully defended the issue at the hearing level before the DIA but there is no definitive decision yet from the Review Board or the Appellate Court.

Please feel free to contact either

Vincent Tentindo at 617-242-9600 x 209 or

John Canniff at 617-242-9600 x 207 with any questions.

We are offering
“Connecticut Workers’ Compensation Basics: Practice and Procedures

on Tuesday November 27, 2018 from 9:00 am to 12:00 pm at our office (EST).

You may also attend via Skype or Webinar if you wish.

This training will be conducted by Attorneys Peter LoVerme and Patrick Battersby, Jr.

Please click
to RSVP!

Heading to the National Workers’ Compensation & Disability Conference in Las Vegas in early December?

So are we!

Attorneys Vincent Tentindo, Darren Goldberg, Joseph Durant, Steven Bolognese, JoAnn Walter and Nicholas Chrissis will be attending the National Workers’ Compensation & Disability Conference in Las Vegas in early December.

If you are attending, please let us know so we can make plans to meet you there!
Save the date!

Our annual holiday party will be held

Thursday, December 13, 2018

at our office in Charlestown, MA.