Year: 2019

After a week long jury trial, the TKCK Tort Group obtains a complete defense verdict! Attorneys Matthew A. Slater and Daniel W. Buckley obtained a full defense verdict for a retail store that was sued for negligent maintenance of its premises. Plaintiff alleged that she sustained a right labrum tear and low back injury when a toilet she was using…

MASSACHUSETTS DIA REVIEWING BOARD ADDRESSES “NOTICE OF AN INJURY” On August 7, 2019 the Massachusetts DIA Reviewing Board vacated the hearing decision of an Administrative Judge that had awarded Temporary Total (§ 34) followed by Permanent and Total (§ 34A) on the grounds that “the judge failed to address [the insurer’s] § 41 defense insofar as it requires that the employee…

TKCK HANDLES WORKERS COMPENSATION DEFENSE IN ALL SIX NEW ENGLAND STATES. HERE ARE THE CURRENT MAXIMUM AND MINIMUM COMPENSATION RATES AND/OR SAWWS IN THESE STATES: MASSACHUSETTS (Circular Letter #354) The Maximum Compensation rate is $1,431.66 for injuries on or after October 1, 2019.   The Minimum Compensation rate is $286.33 for injuries on or after October 1, 2019. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ CONNECTICUT (…

NEW MAXIMUM AND MINIMUM COMP RATES FOR MASSACHUSETTS ANNOUNCED EFFECTIVE 10/1/2019 The Massachusetts Department of Industrial Accidents has announced the new State Average Weekly Wage, the Maximum Compensation Rate, and the Minimum Compensation Rate for injuries on or after October 1, 2019: The Maximum Compensation Rate is $1,431.66 for injuries on or after October 1, 2019. The Minimum Compensation Rate is…

THE MASSACHUSETTS DEPARTMENT OF INDUSTRIAL ACCIDENTS WILL BE MOVING ON FRIDAY JULY 26, 2019! Please see the attached bulletin detailing the Massachusetts Department of Industrial Accidents Boston Regional Office’s move, which will occur on Friday July 26, 2019. In summary: There will be no proceedings held in the Boston regional office beginning Monday July 15, 2019 through Friday August 2, 2019.…

Attorney Matthew F. King appointed Administrative Judge at the Worcester Department of Industrial Accidents We are pleased to announce that Attorney Matthew F. King has been appointed Administrative Judge at the Worcester Department of Industrial Accidents. Matt joined TKCK as Counsel in 2008. He is a graduate of Boston Latin High and earned his B.A. in Political Science from Boston…

In a much anticipated decision the Massachusetts DIA Reviewing Board has denied an employee’s claim for reimbursement of Medical Marijuana. They affirmed the hearing decision of an Administrative Judge that found although Medical Marijuana would have a positive effect upon a permanently and totally disabled employee, the Federal Law, specifically the Controlled Substances Act (CSA), preempts Massachusetts State Law. The…

There are two recent developments in New Hampshire that might have a profound impact on case values and exposure. ONE: New Hampshire Senate Bill 99 – calls for the elimination of the cap of 262 weeks for Temporary Partial Disability (“TPD”) benefits & Diminished Earning Capacity (“DEC”) rate benefits. Currently, an employee may only receive 262 weeks of TPD indemnity benefits and that also applies when the…

We previously advised you of the Massachusetts DIA’s new policy limiting lump sum settlement agreements to only one date of injury, wherein the parties now need to draft separate lump sum settlement documents for each board number and date of injury they seek to close out. That Administrative Bulletin may be found here . The DIA is now requiring that…

**MASSACHUSETTS ONLY** We are enclosing an Administrative Bulletin issued today by Senior Judge Omar Hernandez regarding the Department’s new policy limiting lump sum settlement agreements to only one date of injury. The parties now need to draft separate lump sum settlement documents for each board number and date of injury they seek to close out. The aggregate of the settlements…