NEW MILEAGE RATE IN MASSACHUSETTS!
The Massachusetts DIA announced that, effective March 23, 2026, mileage reimbursement for workers’ compensation travel to and from medical treatment and vocational training and/or education under an approved Individual Written Rehabilitation Plan (IWRP) will increase to $0.62/mile. Circular Letter No. 363 may be found here.
We previously advised that the Internal Revenue Service increased (as of January 1, 2026) the mileage reimbursement for business expenses to $0.725/mile, and that Connecticut, Rhode Island, New Hampshire and Vermont adopted the IRS standard and therefore provide mileage reimbursement for workers’ compensation claim-related expenses in the amount of $0.725/mile as of January 1, 2026.
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NEW JUDGE IN MASSACHUSETTS!
The Massachusetts Governor’s Council approved the nomination of five returning judges at the DIA and one new Administrative Law Judge.
The returning judges are:
1. Senior Judge Omar Hernandez;
2. Worcester Administrative Judge Matthew King;
3. Springfield Administrative Judge Thomas Daniels;
4. Fall River Administrative Judge Michael Williams; and
5. Lawrence Administrative Judge Douglas Bean (seated since 1992).
They also confirmed Administrative Judge Maureen Counihan. She was a solo practitioner in the Woburn MA area representing injured employees before being appointed to the DIA.
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PAY THOSE CME FEES TIMELY IN CONNECTICUT TO AVOID EXTRA CHARGES!
In Connecticut, Chairman Stephen Morelli issued Memorandum 2026-01 directing that Respondents must pay all Commission Medical Exam (CME) bills and/or CME no-show fees within 45 days of receipt of the bill and report.
Failure to timely pay the CME fee and/or the CME no-show fee within 45 days of receipt will result in an additional $450 charge assessed against Respondents.
Respondents may request a hearing following payment of the no show fee to determine whether reimbursement and/or a credit is warranted.
The memorandum confirms that CME bills are not required to be on HCFA’s, have no CPT code requirement, are not subject to any discounts, and that the rate is $900 unless a higher amount is approved by the ordering ALJ.
It is warned that timely partial payment of the CME bill and/or CME no show fee will not negate the additional $450 charge.
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BIG WIN AT THE NEW HAMPSHIRE DEPARTMENT OF LABOR!
Attorney Richard Florino received a extremely favorable (and interesting!) hearing decision on a case involving employee working from home who suffered a severe knee injury getting out of his seat while working at a computer.
Under New Hampshire Workers’ Compensation law, there are two prongs to show compensability or liability or causal relationship:
1. Legal causation, the actual mechanism of the alleged injury
2. Medical causation, whether the injury from a medical perspective was caused by the mechanism of the alleged injury
In this case, we had to thread the needle on both issues as clearly the employee sustained a severe injury while arising out of his seat.
However, under New Hampshire Workers’ Compensation law, he had pre-existing conditions i.e. personal risks that contributed greatly to the injury pre-existing degenerative changes in his knee.
Attorney Florino argued that the employer had no control over the workplace that the employee was working at the time of the incident. They did not create the workstation at home and only provided the employee with the laptop computer.
Further, the act of getting out of the chair was a neutral risk under New Hampshire Workers’ Compensation law and was not and had not been proven to be in this case, a risk of employment.
The insurer’s IME indicated that the act of getting out of the chair was a cause of the employees severe knee injury, however we were convincing and prevailed on the issue of legal causation and that the injury to the employee did not arise out of the employee’s work activities.
A full denial of the employee’s claim was awarded.
Great job Rich!