§ 1 Definitions
§ 2 Powers and duties of department; investigation of causes of injuries
§ 2A Application of amendments of statute
§ 5 Rules and regulations
§ 6 Notice of injuries; forms; additional reports; statistical summaries
§ 6A Informational brochures; monitoring of benefits; resolution of disputes
§ 6B Disposition of fines
§ 7 Commencement of payments
§ 7A Presumptions; employee unable to testify
§ 7B Admissibility of, or reference to, statement given insurer or self-insurer by claimant or in his behalf
§ 7C Representation of claimants; compensation; denial or suspension of right to practice or appear
§ 7F Record of filing fees, penalties and attorneys’ fees
§ 7G Documentation attached to claims
§ 8 Termination or modification of payments
§ 9A Physicians engaged to testify or depose for employee; fees paid by insurer
§ 10 Claims for benefits; complaints requesting modification or discontinuation of benefits; conciliation
§ 10A Assignments of cases; conferences; orders; appeals
§ 10B Arbitration; agreements; proceedings
§ 10C Collective bargaining agreements; binding obligations and procedures
§ 11 Hearings; evidence; continuances
§ 11A Impartial medical examiners
§ 11B Procedure for hearings; depositions; record of proceedings
§ 11C Appeals to reviewing board
§ 11D Earnings reports by employees; recovery of overpayments
§ 12 Enforcement of orders; appeals from decisions of reviewing board; costs; reported questions; copies of judgments
§ 12A Award of costs and attorney’s fees
§ 13 Rate of payment by insurers; review of clinical health care providers; health care services board
§ 13A Attorney’s fees for employees
§ 14 Actions not based on reasonable grounds; illegal or fraudulent conduct; costs and penalties
§ 14A Employee leasing companies
§ 15 Liability of person other than insured
§ 15A Controversy as to which of two or more insurers is liable
§ 16 Subsequent findings discontinuing compensation; finality
§ 17 Enforcement of orders or decisions
§ 18 Independent and sub-contractors; liability of insurer and others
§ 19 Agreements by parties
§ 20 Hospital records as evidence; medical records and reports open to inspection
§ 20A Copies of reports of medical examinations furnished employees; reports as evidence
§ 20B Medical reports of disabled or deceased physicians as evidence
§ 21 Notice by insured to employees
§ 22 Notice by insured to new employees; notice of cessation of insurance; filing copy
§ 23 Release of claims or demands at common law
§ 24 Waiver of right of action for injuries
§ 25 Insurer’s liability on judgment for employee
§ 25A Purchase of insurance; self-insurance; reinsurance; deductibles
§ 25B Applicability of statute relating to insurance and self-insurers; employer bringing employees within statute
§ 25C Failure to provide for payment of compensation; stop work orders; penalties; liens; actions brought by losing bidders; civil actions for violations of chapter
§ 25D Service companies; investigation, adjustment or settlement of claims for self-insurers
§ 25E Self-insurance groups; definitions
§ 25F Certification to act as self-insurance group
§ 25G Application for certificate; requirements; issuance
§ 25H Termination of certificate
§ 25I Examination of affairs, transactions, accounts, records and assets of each group; confidentiality and privilege
§ 25J Boards of trustees
§ 25K Applications for membership; cancellation of members; insolvency or bankruptcy of members
§ 25L Solicitation of membership by licensed agents
§ 25M Misrepresentations or omissions in solicitations of membership
§ 25N Performance reports; statements of financial condition
§ 25O Uniform classification system; premium contributions; application to make own rates; audits
§ 25P Refunds
§ 25Q Premium payment plans; loss reserves; bad debt reserves
§ 25R Deficiencies; assessments; liquidation of groups
§ 25S Penalties
§ 25T Cease and desist orders
§ 25U Revocation of certificates of approval
§ 25V Applicability of chapter 176V to groups governed by Secs. 25E to 25U
§ 25W Applicability of chapter 176W to workers’ compensation self-insurance groups governed by Secs. 25E to 25U
§ 26 Injuries arising out of and in course of employment
§ 26A Suicide
§ 26B Concurrent service of two or more employers; joint and several liability of insurers
§ 27 Willful misconduct of employee
§ 27A False representation of physical condition by employee; right to benefits
§ 28 Wilful misconduct of employer; defense; reimbursement of insurer; employment of minor; mentally retarded persons; injuries at sheltered workshops
§ 29 Required period of incapacitation; personnel actions
§ 30 Adequate and reasonable health care services; preferred health care provider
§ 30A Medical reports
§ 30E Development of voluntary agreements
§ 30F Identification of cases in which vocational rehabilitation services may be required
§ 30G Meetings with injured employees requiring vocational rehabilitation services
§ 30H Applications for vocational rehabilitation services
§ 30I Availability of new jobs and job training programs
§ 31 Death; compensation for dependents; hearings
§ 32 Persons presumed dependent on employee; division of benefits and payments for children of former marriage; parent surviving dependent parent; dependency determined by facts; division of benefits
§ 33 Burial expenses
§ 34 Total incapacity; compensation
§ 34A Permanent and total incapacity; compensation
§ 34B Review date; supplemental benefits to Secs. 31 or 34A
§ 35 Partial incapacity; compensation
§ 35A Added compensation for dependents; payment; presumed dependents; dependency determined by facts
§ 35B Return to work; subsequent injury; rate of compensation
§ 35C Date of eligibility; benefits applicable; adjustments
§ 35D Computation of weekly wage
§ 35E Persons eligible for old age benefits or pension; entitlement to benefits under Secs. 34 or 35
§ 36 Specific injuries
§ 36A Death before full payment of compensation for specified injuries; brain damage
§ 36B Unemployment compensation benefits; eligibility
§ 37 Compensation for disability subsequent to physical impairment; reimbursement
§ 37A Compensation for disabled war veteran; reimbursement
§ 38 Consideration of employee’s savings, insurance and other benefits
§ 39 Payment of compensation payable in case of death; payment of expenses and for legal services
§ 40 Guardian or next friend exercising employee’s rights
§ 41 Notice of proceedings for compensation; limitation of actions
§ 42 Notice in general
§ 43 Service of notice
§ 44 Inaccuracies in, and want of, notice
§ 45 Examination by physician; filing copy of report; refusing or obstructing examination; reimbursement of travel expenses and wages
§ 46 Waiver of rights to compensation; arbitration
§ 46A Reimbursement for accident and health insurance benefits paid on compensable injuries; lien of insurers, et al., against award; child support claims
§ 47 Assignments; attachments; liability for debts
§ 48 Lump sum agreements
§ 49 Claim in general
§ 50 Interest on unpaid claims
§ 51 Natural increase considered in determining weekly wages
§ 51A Decision in compensation case; law in effect
§ 52B Priority of premiums and interest charges over other claims
§ 52C Rating organizations in general; subscribers; co-operative activities; rates; freedom of contract; examination of records; confidentiality and privilege
§ 52D Appeal from action or decision of rating organization; rating information
§ 52E Violation of statutes; failure to comply with commissioner’s orders; suspension and revocation of licenses
§ 52F Hearing on order or decision of commissioner; suspension or postponement of action; review; stay of order or decision
§ 52G Partial invalidity of statute
§ 53 Mutual companies; distribution of risks into groups
§ 53A Classification of risks and premiums; distribution of premiums among employers
§ 54A Necessity of insurance contract insuring payment of compensation
§ 55 Approval of policy by commissioner; review; issuance of policy in violation of statute
§ 55A Mid-term notice of cancellation
§ 56 Joint and several policies
§ 57 Deposits of value of outstanding claims under contracts
§ 58 Computation of value of claims
§ 59 Holding deposits in trust; payment of claims; transfer to trustee; accounts; refunds; return of balance
§ 60 Effect of appointment of receiver on order, deposit or payments; deposit by receiver
§ 60A Review, suspension and reduction of order requiring deposit
§ 60B Liability for expenses for custody and disbursement of deposit; determination; deduction from deposit
§ 60C Failure to comply with order requiring deposit; certificate authorizing resumption of issuance of policies
§ 60D Forfeiture for failure to comply with order requiring deposit; issuance of policy while in default; enforcement of order, fine or forfeiture
§ 61 Bond for foreign company; other security
§ 62 Deposits by foreign companies; payment of obligations
§ 63 Insurance company information requested by department; rating organizations; notices furnished by companies
§ 64 Insurer’s regulations for prevention of injuries; review; inspector’s access to premises
§ 65 Special Fund; Trust Fund; assessment base; assessment rates; payments; reports; audits
§ 65A Designation of insurer to issue policy; equitable distribution of risks; servicing carriers; service fees
§ 65B Cancellation or termination of policy; review
§ 65C Equitable distribution of losses; reinsurance pools; necessity of membership; plan of operation; cost containment programs
§ 65D Issuance of policy to employer assigned to another insurer
§ 65G ”Losses incurred” defined; determination of amounts to be paid
§ 65H Adjustment of payments
§ 65I Primary liability to pay benefits
§ 65J Inspection of risks; rules
§ 65K Appeal on ground premium is unreasonable or discriminatory; effect of determined rates
§ 65L Failure of insurer to comply with statutes, order or rule; revocation or suspension of licenses; injunction
§ 65M Review of orders or rulings; time; suspension and stay of order or rulings
§ 65O Employer’s choice of insurance agent or broker; commission fees; service fees
§ 66 Actions for injuries sustained by employees; limitations; defenses
§ 67 Application to insureds and employers having right of election, of statutes relating to defenses to actions
§ 68 Applicability of statutes relating to employers’ liabilities
§ 69 Commonwealth, counties, cities, towns and districts in general; members of a police or fire force in work under a contract
§ 69B Vouchers; examinations and investigations; reports
§ 70 Procedure and jurisdiction; compensation paid by commonwealth and its subdivisions
§ 71 Liability of county, city, town or district for employee’s injuries
§ 72 Employee claiming or waiving rights against county, city, town or district
§ 73 Election to receive compensation or pension; retirement boards; prosecuting claims; attorney; notice to boards; special pensions
§ 73A Employment of partially disabled employee; temporary employment to fill vacancy
§ 74 Application of statutes to all public employees; inmates of institutions; employees of boards or commissions and welfare districts
§ 74A Employee of one governmental unit or electric company aiding another unit or company; reimbursement of compensation
§ 75 Agents designated to furnish benefits and carry out statutes
§ 75A Preferences for hiring
§ 75B Qualified handicapped persons; discrimination against employees exercising rights under this chapter; disclosure of data
§ 86 Public employees; certified copy of order, decision, or agreement mailed to public employee retirement administration commission, etc.
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Terms Used In Massachusetts General Laws > Chapter 152 - Workers' Compensation

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dependent: A person dependent for support upon another.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fraud: Intentional deception resulting in injury to another.
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Interests: includes any form of membership in a domestic or foreign nonprofit corporation. See Massachusetts General Laws ch. 156D sec. 11.01
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Other entity: includes a domestic or foreign nonprofit corporation. See Massachusetts General Laws ch. 156D sec. 11.01
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Personal property: All property that is not real property.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subpoena: A command to a witness to appear and give testimony.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • Verdict: The decision of a petit jury or a judge.