Articles Posted in Reviewing Board Decision

DIA Reviewing Board in Boston rules that returning to work against a doctor’s advice does not satisfy Section 27
Troupe Law Office

The Department of Industrial Accidents Reviewing Board recently held that the standards M.G.L. chapter 152, section 27 were not met, thus affirming the decision of the Administrative Judge. Click here for a link to the case. M.G.L. chapter 152, Section 27, pertains to situations involving an injury caused by the “serious and wilful misconduct” of…

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What percentage must a work injury contribute to establish a “compensable” injury under the Massachusetts Workers’ Comp Act?
Troupe Law Office

Recently, the DIA Reviewing Board in Boston addressed in a recent opinion what percentage a work injury must contribute to establish a “compensable injury” under the Massachusetts Workers’ Compensation Act, where multiple, non-work-related factors are present. In this most recent case, Jane Sullivan v. Centrus Premier Home Care, the Insurer appealed the decision of the…

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DIA Reviewing Board in Boston rules that specific findings are required in dismissing a Workers’ Compensation claim.
Troupe Law Office

The Massachusetts Department of Industrial Accidents Reviewing Board recently addressed the issue of when and how a workers’ compensation claim should be dismissed. In the end, the case was recommitted back to the hearing level for further findings of facet. The reviewing board essentially ruled that situations like this are very fact specific, and certain…

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DIA Reviewing Board in Boston rules that “worsening” of condition must be causally related to the original work injury
Troupe Law Office

In a recent decision, the Department of Industrial Accidents Reviewing Board in Boston, ruled that in a claim for section 34A permanent and total disability benefits, where a previous decision found the employee partially disabled, the Employee has the burden of proving, not only that his condition “worsened” to the point of rendering him totally…

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