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Construction worker’s hand caught in cement mixer
The employee, a 52-year-old construction worker, sustained upper extremity injuries when his right hand got caught in a cement mixer while he was attempting to remove cement residue.
Workers’ compensation – Scope of employment
Where an administrative judge denied and dismissed an employee’s claim for §34 temporary total incapacity benefits, medical benefits pursuant to §§13 and 30 and interest pursuant to §50, the administrative judge’s decision must be reversed because the employee’s injury arose out of and in the course of his employment as a matter of law.
Workers’ compensation – Earning capacity
Where an administrative judge awarded an employee §§34 and 35 incapacity benefits, the administrative judge incorrectly calculated the employee’s §35 partial incapacity benefits due upon the exhaustion of her entitlement to §34 total incapacity benefits, so that portion of the decision related to the calculation of the employee’s earning capacity under §35 must be vacated.
Workers’ compensation – Waiver – ‘Double recovery’
Where an administrative judge ordered an insurance company to pay benefits to an employee who was injured while working for an uninsured subcontractor, the order should be affirmed because the insurer waived any “double recovery” issue.
Roofer falls onto concrete wall, fractures spine
On April 25, 2024, the claimant was an employee for a subcontractor working on the roof of a house in Keene, New Hampshire, when he fell 10 feet onto a concrete retaining wall. He was flown to UMass Medical Center in Worcester.
Cases scheduled to be heard in March
Following is a list of the cases scheduled to be argued before the Supreme Judicial Court in March. The summaries of the issues presented in the cases have been prepared by Lawyers Weekly.
DIA wrongfully denied insurer reimbursement claim
Appeals Court rules Workers’ Compensation Trust Fund must reimburse insurer’s COLA payments, limiting denial grounds under G.L.c. 152 §65.
Workers’ compensation – Reimbursement – Insolvency
Where a claim for reimbursement of benefits from the Workers' Compensation Trust Fund was denied by the reviewing board of the Department of Industrial Accidents, the board’s decision must be reversed given that the precedent it relied upon — Home Ins. Co. v. Workers' Compensation Trust Fund, 88 Mass. App. Ct. 189 (2015) — has been overruled.
Workers’ compensation – Impartial physician – Deposition
Where an employee was awarded permanent and total incapacity benefits, a recommittal must be ordered because the administrative judge did not review or acknowledge the deposition testimony of the impartial physician and inaccurately stated that the deposition did not occur.
Allies in Harvard morgue case, Meehan Boyle, Keches join forces
Meehan Boyle becomes a division of Keches Law Group after collaborating on the Harvard Medical School morgue scandal and major personal injury litigation.
Governor’s Council sets flurry of activity on IAB nominees
Usually a body that stays below much of Beacon Hill's collective radar, the Industrial Accident Board will have a parade of sorts at the State House later this month.
Workers’ compensation – Cervical spine surgery – Physical therapy
Where an administrative judge ordered a self-insurer to pay for an employee’s cervical spine surgery and physical therapy, the matter must be recommitted for further findings of fact and rulings of law regarding both the surgery and physical therapy.
Verdicts & Settlements
- Injury during baby’s adenoidectomy leads to stroke
- Construction worker’s hand caught in cement mixer
- Worker trapped in freezer, dies during steam cleaning
- Pedestrian, 69, hit by motor vehicle while in crosswalk
- Four-vehicle pileup leaves driver with spinal cord injury
- Nursing home staff blamed for kidney-failure death
- Pharmacy’s late delivery blamed for patient’s death
- Man, 25, drowns after swimming lesson at fitness club
Opinion Digests
- Jurisdiction – Forum selection clause – Non-signatory
- Criminal – Responsibility
- Attorneys – Lien
- Landlord and tenant – Default judgment
- Zoning – Constructive grant – Comprehensive permit
- Fraud – False Claims Act – Settlement share
- Civil practice – Discovery – Cybersecurity
