Case File Although the Massachusetts insurance commissioner was entitled to depart from WCRIB's ratemaking methodology, he failed to adequately explain how he arrived at a 14.6% rate decrease. Case Workers' Compensation Rating and Inspection Bureau […]

What Do You Think (times two)? When an employee is sent to work across state lines and is injured there, the determination of which state’s law applies can dramatically impact the employer’s liability. Employers need to […]

State Snapshot State Snapshot Massachusetts Exclusive Remedy Provision BASIC RULE Workers’ compensation is generally the only remedy available to workers for injuries arising out of and in the course of employment. G. L. c. 152, §§ […]

What Do You Think? Injured workers generally cannot sue their employers for negligence or other torts. The exclusivity rule makes the workers’ compensation act their sole avenue for relief. But what happens when a temporary […]

Coverage Requirements All employers must carry workers' compensation insurance for employees, including part-time and seasonal workers. Sole proprietors, partners, and LLC members may opt out. Corporate officers with ≥25% ownership may file Form 153 to […]

Case File Because the Massachusetts Insurers Insolvency Fund takes over an insolvent insurer's rights and responsibilities under the commonwealth's workers' compensation law, it has a right to collect cost-of-living adjustment reimbursements as the insurer would […]

Case File An insurer in "run-off" sought to collect second-injury trust fund reimbursements for payments it made to an injured worker, but the trust fund contended that the insurer was a nonparticipant and so could […]

Glossary Check If you're getting up to speed on workers' compensation in the Bay State, and you're wondering what terms like "temporary total" and "temporary partial" mean, a good place to turn is Simply Research. […]