General Laws of Massachusetts - Chapter 152 Workers’ Compensation

• Massachusetts General Laws - Definitions - Chapter 152, Section 1
  The following words as used in this chapter shall, unless a different meaning is plainly required by the context or specifically prescribed, have the following...
• Massachusetts General Laws - Powers and duties of department; investigation of causes of injuries - Chapter 152, Section 2
  The department shall make all necessary inspections and investigations relating to causes of injuries for which compensation may be claimed, and for this purpose any...
• Massachusetts General Laws - Application of amendments of statute - Chapter 152, Section 2A
  Every act, in amendment of this chapter, in effect on the effective date of this section or thereafter becoming effective which increases or decreases the...
• Massachusetts General Laws - Repealed, 1921, 462, Sec. 8 - Chapter 152, Section 3
  Repealed, 1921, 462, Sec.
• Massachusetts General Laws - Repealed, 1985, 572, Sec. 15 - Chapter 152, Section 4
  Repealed, 1985, 572, Sec.
• Massachusetts General Laws - Rules and regulations - Chapter 152, Section 5
  The commissioner shall promulgate rules and regulations consistent with this chapter for carrying out the functions of the department. Such rules and amendments thereto shall...
• Massachusetts General Laws - Notice of injuries; forms; additional reports; statistical summaries - Chapter 152, Section 6
  Within seven calendar days, not including Sundays and legal holidays, of receipt of notice of any injury alleged to have arisen out of and in...
• Massachusetts General Laws - Informational brochures; monitoring of benefits; resolution of disputes - Chapter 152, Section 6A
  Upon receipt of notice of injury from the employer, or any other indication of a compensable injury, the division of administration shall immediately mail, post...
• Massachusetts General Laws - Disposition of fines - Chapter 152, Section 6B
  Any proceeds resulting from the imposition of any fine levied under this chapter shall be paid into the Special Revenue Fund, established pursuant to section
• Massachusetts General Laws - Commencement of payments - Chapter 152, Section 7
  (1) Within fourteen days of an insurer’s receipt of an employer’s first report of injury, or an initial written claim for weekly benefits on a...
• Massachusetts General Laws - Presumptions; employee unable to testify - Chapter 152, Section 7A
  In any claim for compensation where the employee has been killed or found dead at his place of employment or, in the absence of death,...
• Massachusetts General Laws - Admissibility of, or reference to, statement given insurer or self-insurer by claimant or in his behalf - Chapter 152, Section 7B
  In any claim for compensation by an employee, which is denied by an insurer or self-insurer, no statement in writing signed by the claimant, or...
• Massachusetts General Laws - Representation of claimants; compensation; denial or suspension of right to practice or appear - Chapter 152, Section 7C
  Any party appearing before the division of dispute resolution may be heard in person, or may be represented by an attorney or by any other...
• Massachusetts General Laws - Repealed, 1979, 67 - Chapter 152, Section 7D
  Repealed, 1979,
• Massachusetts General Laws - Repealed, 1985, 572, Sec. 20 - Chapter 152, Section 7E
  Repealed, 1985, 572, Sec.
• Massachusetts General Laws - Record of filing fees, penalties and attorneys’ fees - Chapter 152, Section 7F
  The department shall keep and maintain a record of filing fees charged under section ten, penalties levied under section seven and section eight, and attorneys’...
• Massachusetts General Laws - Documentation attached to claims - Chapter 152, Section 7G
  The senior judge in consultation with the commissioner shall promulgate rules setting forth the required documentation to be attached to any claim for benefits or...
• Massachusetts General Laws - Termination or modification of payments - Chapter 152, Section 8
  (1) An insurer which makes timely payments pursuant to subsection one of section seven, may make such payments for a period of one hundred eighty...
• Massachusetts General Laws - Repealed, 1985, 572, Sec. 22 - Chapter 152, Section 8A
  Repealed, 1985, 572, Sec.
• Massachusetts General Laws - Repealed, 1985, 572, Sec. 23 - Chapter 152, Section 9
  Repealed, 1985, 572, Sec.
• Massachusetts General Laws - Physicians engaged to testify or depose for employee; fees paid by insurer - Chapter 152, Section 9A
  Whenever a medical question is in dispute in any case, and an impartial physician has not, prior to seven days before the date assigned for...
• Massachusetts General Laws - Repealed, 1947, 286 - Chapter 152, Section 9B
  Repealed, 1947,
• Massachusetts General Laws - Claims for benefits; complaints requesting modification or discontinuation of benefits; conciliation - Chapter 152, Section 10
  (1) Any claim for benefits shall be filed with the division of administration and the insurer on a form prescribed by the division, and shall...
• Massachusetts General Laws - Assignments of cases; conferences; orders; appeals - Chapter 152, Section 10A
  (1) On referral from the division of administration of a claim for compensation or a complaint for modification or discontinuance of benefits, said claim or...
• Massachusetts General Laws - Arbitration; agreements; proceedings - Chapter 152, Section 10B
  (1) At any time prior to five days before a conference held pursuant to section ten A, the parties to a claim or complaint may...
• Massachusetts General Laws - Collective bargaining agreements; binding obligations and procedures - Chapter 152, Section 10C
  (1) Any employer, and the recognized or certified and exclusive representative of its employees may agree by collective bargaining to establish certain binding obligations and...
• Massachusetts General Laws - Hearings; evidence; continuances - Chapter 152, Section 11
  At the hearing the member shall make such inquiries and investigations as he deems necessary, and may require and receive any documentary or oral matter...
• Massachusetts General Laws - Impartial medical examiners - Chapter 152, Section 11A
  (1) With the assistance of the medical consultant to the commissioner and the administrative judges, the senior judge shall periodically review and update a roster...
• Massachusetts General Laws - Procedure for hearings; depositions; record of proceedings - Chapter 152, Section 11B
  Procedures within the division of dispute resolution shall be as simple and summary as reasonable. The commissioner shall promulgate rules providing for the use of...
• Massachusetts General Laws - Appeals to reviewing board - Chapter 152, Section 11C
  Any party aggrieved by a decision of an administrative judge after a hearing held pursuant to section eleven shall have thirty days from the filing...
• Massachusetts General Laws - Earnings reports by employees; recovery of overpayments - Chapter 152, Section 11D
  (1) Any employee entitled to receive weekly compensation under this chapter shall have an affirmative duty to report to the insurer all earnings, including wages...
• Massachusetts General Laws - Enforcement of orders; appeals from decisions of reviewing board; costs; reported questions; copies of judgments - Chapter 152, Section 12
  (1) Whenever any party in interest presents a certified copy of an order or decision of a board member or of the reviewing board and...
• Massachusetts General Laws - Award of costs and attorney’s fees - Chapter 152, Section 12A
  If on appeal to the appeals court or the supreme judicial court pursuant to section twelve the claimant prevails, the court shall allow the claimant,...
• Massachusetts General Laws - Rate of payment by insurers; review of clinical health care providers; health care services board - Chapter 152, Section 13
  (1) The rate of payment by insurers for health care services adjudged compensable under this chapter shall be established by the executive office of health...
• Massachusetts General Laws - Attorney’s fees for employees - Chapter 152, Section 13A
  (1) Whenever an insurer contests an initial liability claim for benefits submitted on a form prescribed by the department, by failing to commence the compensation...
• Massachusetts General Laws - Actions not based on reasonable grounds; illegal or fraudulent conduct; costs and penalties - Chapter 152, Section 14
  (1) Except as provided in subsection three, if any administrative judge or administrative law judge determines that any proceedings have been brought, prosecuted, or defended...
• Massachusetts General Laws - Employee leasing companies - Chapter 152, Section 14A
  (1) As used in this section, the following words shall have the following meanings:— (a) “Client company”, a person, association, partnership, corporation or other entity...
• Massachusetts General Laws - Liability of person other than insured - Chapter 152, Section 15
  Where the injury for which compensation is payable was caused under circumstances creating a legal liability in some person other than the insured to pay...
• Massachusetts General Laws - Controversy as to which of two or more insurers is liable - Chapter 152, Section 15A
  If one or more claims are filed for an injury and two or more insurers, any one of which may be held to be liable...
• Massachusetts General Laws - Subsequent findings discontinuing compensation; finality - Chapter 152, Section 16
  When in any case before the department it appears that compensation has been paid or when in any such case there appears of record a...
• Massachusetts General Laws - Enforcement of orders or decisions - Chapter 152, Section 17
  All orders or decisions issued in accordance with this chapter shall be enforceable under section twelve unless and until reversed by a decision of a...
• Massachusetts General Laws - Independent and sub-contractors; liability of insurer and others - Chapter 152, Section 18
  If an insured person enters into a contract, written or oral, with an independent contractor to do such person’s work, or if such a contractor...
• Massachusetts General Laws - Agreements by parties - Chapter 152, Section 19
  (1) Except as otherwise provided by section seven, any payment of compensation shall be by written agreement by the parties and subject to the approval...
• Massachusetts General Laws - Repealed, 1948, 158 - Chapter 152, Section 19A
  Repealed, 1948,
• Massachusetts General Laws - Repealed, 1948, 157 - Chapter 152, Section 19B
  Repealed, 1948,
• Massachusetts General Laws - Hospital records as evidence; medical records and reports open to inspection - Chapter 152, Section 20
  Copies of hospital records kept in accordance with section seventy of chapter one hundred and eleven, certified by the persons in custody thereof to be...
• Massachusetts General Laws - Copies of reports of medical examinations furnished employees; reports as evidence - Chapter 152, Section 20A
  Any employer who maintains a clinic, dispensary or hospital for the treatment of injured employees and any insurer who maintains a clinic, dispensary or hospital...
• Massachusetts General Laws - Medical reports of disabled or deceased physicians as evidence - Chapter 152, Section 20B
  In proceedings before the industrial accident board, the medical report of an incapacitated, disabled or deceased physician who attended or examined the employee, including expressions...
• Massachusetts General Laws - Notice by insured to employees - Chapter 152, Section 21
  Every insured person shall, as soon as he secures a policy, give written or printed notice to all persons under contract of hire with him...
• Massachusetts General Laws - Notice by insured to new employees; notice of cessation of insurance; filing copy - Chapter 152, Section 22
  Every insured person shall give written or printed notice to every person with whom he is about to enter into a contract of hire that...
• Massachusetts General Laws - Release of claims or demands at common law - Chapter 152, Section 23
  If an employee files any claim or accepts payment of compensation on account of personal injury under this chapter, or submits to a proceeding before...
• Massachusetts General Laws - Waiver of right of action for injuries - Chapter 152, Section 24
  An employee shall be held to have waived his right of action at common law or under the law of any other jurisdiction in respect...
• Massachusetts General Laws - Insurer’s liability on judgment for employee - Chapter 152, Section 25
  If an insured person who has complied with the rules, regulations and demands of the insurer is required by a judgment of a court to...
• Massachusetts General Laws - Purchase of insurance; self-insurance; reinsurance; deductibles - Chapter 152, Section 25A
  In order to promote the health, safety and welfare of employees, every employer shall provide for the payment to his employees of the compensation provided...
• Massachusetts General Laws - Applicability of statute relating to insurance and self-insurers; employer bringing employees within statute - Chapter 152, Section 25B
  Section twenty-five A shall not apply to the commonwealth, the Massachusetts Turnpike Authority, the Massachusetts Bay Transportation Authority, the Massachusetts Port Authority or the various...
• Massachusetts General Laws - Failure to provide for payment of compensation; stop work orders; penalties; liens; actions brought by losing bidders; civil actions for violations of chapter - Chapter 152, Section 25C
  (1) Whenever the commissioner or his designee determines that an employer who is required to provide for the payment to his employees of the compensation...
• Massachusetts General Laws - Service companies; investigation, adjustment or settlement of claims for self-insurers - Chapter 152, Section 25D
  A self-insurer may engage a service company, third party administrator, or like organization to investigate, adjust or settle claims under this chapter. The insurance commissioner...
• Massachusetts General Laws - Self-insurance groups; definitions - Chapter 152, Section 25E
  Sections twenty-five E to twenty-five U, inclusive, shall apply to workers’ compensation self-insurance groups. A workers’ compensation self-insurance group that is issued a certificate of...
• Massachusetts General Laws - Certification to act as self-insurance group - Chapter 152, Section 25F
  No person, association, or entity shall act as a workers’ compensation self-insurance group unless it has been issued a certificate of approval by the commissioner...
• Massachusetts General Laws - Application for certificate; requirements; issuance - Chapter 152, Section 25G
  (1) A proposed workers’ compensation self-insurance group shall file with the commissioner of insurance its application for a certificate of approval accompanied by a nonrefundable...
• Massachusetts General Laws - Termination of certificate - Chapter 152, Section 25H
  (1) The certificate of approval issued by the commissioner of insurance to a workers’ compensation self-insurance group authorizes the group to provide workers’ compensation benefits....
• Massachusetts General Laws - Examination of affairs, transactions, accounts, records and assets of each group - Chapter 152, Section 25I
  The commissioner of insurance shall examine the affairs, transactions, accounts, records and assets of each group as often as the commissioner deems advisable, but not...
• Massachusetts General Laws - Boards of trustees - Chapter 152, Section 25J
  (1) Each group shall be operated by a board of trustees which shall consist of not less than three persons whom the members of a...
• Massachusetts General Laws - Applications for membership; cancellation of members; insolvency or bankruptcy of members - Chapter 152, Section 25K
  (1) An employer joining a workers’ compensation self-insurance group after the group has been issued a certificate of approval shall submit an application for membership...
• Massachusetts General Laws - Solicitation of membership by licensed agents - Chapter 152, Section 25L
  Except for the trustees, officers, directors or salaried employees of a group or its administrator, any person soliciting membership in a workers’ compensation self-insurance group...
• Massachusetts General Laws - Misrepresentations or omissions in solicitations of membership - Chapter 152, Section 25M
  No person shall make a material misrepresentation or omission of a material fact in connection with the solicitation of a membership of a group.
• Massachusetts General Laws - Performance reports; statements of financial condition - Chapter 152, Section 25N
  Each group shall submit to the commissioner of insurance thirty days prior to the end of its policy year a performance report estimating total outstanding...
• Massachusetts General Laws - Uniform classification system; premium contributions; application to make own rates; audits - Chapter 152, Section 25O
  (1) Every workers’ compensation self-insurance group shall adhere to the uniform classification system, uniform experience rating plan, and manual rules filed with the commissioner of...
• Massachusetts General Laws - Refunds - Chapter 152, Section 25P
  Any monies for a fund year in excess of the amount necessary to fund all obligations for such fund year may be declared to be...
• Massachusetts General Laws - Premium payment plans; loss reserves; bad debt reserves - Chapter 152, Section 25Q
  (1) Each group shall establish with the approval of the commissioner of insurance a premium payment plan which shall include an initial payment by each...
• Massachusetts General Laws - Deficiencies; assessments; liquidation of groups - Chapter 152, Section 25R
  If the assets of a group are at any time insufficient to enable the group to discharge its legal liabilities and other obligations and to...
• Massachusetts General Laws - Penalties - Chapter 152, Section 25S
  After notice and opportunity for a hearing, the commissioner of insurance may impose a monetary penalty on any person or group found to be in...
• Massachusetts General Laws - Cease and desist orders - Chapter 152, Section 25T
  After notice and opportunity for a hearing, the commissioner of insurance may issue an order requiring a person or group to cease and desist from...
• Massachusetts General Laws - Revocation of certificates of approval - Chapter 152, Section 25U
  After notice and opportunity for a hearing, the commissioner of insurance may revoke a group’s certificate of approval if it is found to be insolvent,...
• Massachusetts General Laws - Injuries arising out of and in course of employment - Chapter 152, Section 26
  If an employee who has not given notice of his claim of common law rights of action under section twenty-four, or who has given such...
• Massachusetts General Laws - Suicide - Chapter 152, Section 26A
  Dependents shall not be precluded from recovery under this chapter, nor shall the insurance company be relieved from making payment to the commonwealth under section...
• Massachusetts General Laws - Concurrent service of two or more employers; joint and several liability of insurers - Chapter 152, Section 26B
  When an employee employed in the concurrent service of two or more insured employers receives a personal injury compensable under this chapter while performing a...
• Massachusetts General Laws - Willful misconduct of employee - Chapter 152, Section 27
  If the employee is injured by reason of his serious and wilful misconduct, he shall not receive compensation; but this provision shall not bar compensation...
• Massachusetts General Laws - False representation of physical condition by employee; right to benefits - Chapter 152, Section 27A
  In any claim for compensation where it is found that at the time of hire the employee knowingly and willfully made a false representation as...
• Massachusetts General Laws - Wilful misconduct of employer; defense; reimbursement of insurer; employment of minor; mentally retarded persons; injuries at sheltered workshops - Chapter 152, Section 28
  If the employee is injured by reason of the serious and wilful misconduct of an employer or of any person regularly intrusted with and exercising...
• Massachusetts General Laws - Required period of incapacitation; personnel actions - Chapter 152, Section 29
  No compensation pursuant to section thirty-four or thirty-five shall be paid for any injury which does not incapacitate the employee from earning full wages for...
• Massachusetts General Laws - Adequate and reasonable health care services; preferred health care provider - Chapter 152, Section 30
  The insurer shall furnish to an injured employee adequate and reasonable health care services, and medicines if needed, together with the expenses necessarily incidental to...
• Massachusetts General Laws - Medical reports - Chapter 152, Section 30A
  Any medical report pertaining to an injury which appears to be compensable shall be furnished by the physician or other medical provider to the employee,...
• Massachusetts General Laws - Repealed, 1986, 662, Sec. 28 - Chapter 152, Section 30B to 30D
  Repealed, 1986, 662, Sec.
• Massachusetts General Laws - Development of voluntary agreements - Chapter 152, Section 30E
  It shall be the policy of the department to encourage and assist in the development of voluntary agreements between injured employees and insurers to provide...
• Massachusetts General Laws - Identification of cases in which vocational rehabilitation services may be required - Chapter 152, Section 30F
  The commissioner shall promulgate rules and regulations for the identification and reporting to the office of education and vocational rehabilitation of cases in which vocational...
• Massachusetts General Laws - Meetings with injured employees requiring vocational rehabilitation services - Chapter 152, Section 30G
  The office of education and vocational rehabilitation shall contact and meet with each injured employee who it believes may require vocational rehabilitation services in order...
• Massachusetts General Laws - Applications for vocational rehabilitation services - Chapter 152, Section 30H
  If the insurer and employee fail to agree to a vocational rehabilitation program, the employee may apply to the office of education and vocational rehabilitation...
• Massachusetts General Laws - Availability of new jobs and job training programs - Chapter 152, Section 30I
  The department shall assist and cooperate with the department of unemployment assistance, the United States Department of Labor, and any other appropriate state or federal...
• Massachusetts General Laws - Death; compensation for dependents; hearings - Chapter 152, Section 31
  If death results from the injury, the insurer shall pay the following dependents of the employee, including his or her children by a former spouse,...
• Massachusetts General Laws - 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 - Chapter 152, Section 32
  The following persons shall be conclusively presumed to be wholly dependent for support upon a deceased employee: (a) A wife upon a husband with whom...
• Massachusetts General Laws - Burial expenses - Chapter 152, Section 33
  [ Text of section effective until March 24, 2015. For text effective March 24, 2015, see below.] In all cases, the insurer shall pay the...
• Massachusetts General Laws - Total incapacity; compensation - Chapter 152, Section 34
  While the incapacity for work resulting from the injury is total, during each week of incapacity the insurer shall pay the injured employee compensation equal...
• Massachusetts General Laws - Permanent and total incapacity; compensation - Chapter 152, Section 34A
  While the incapacity for work resulting from the injury is both permanent and total, the insurer shall pay to the injured employee, following payment of...
• Massachusetts General Laws - Review date; supplemental benefits to Sec. 31 or 34A - Chapter 152, Section 34B
  October first of each year shall be the review date for the purposes of this section. Any person receiving or entitled to receive benefits under...
• Massachusetts General Laws - Partial incapacity; compensation - Chapter 152, Section 35
  While the incapacity for work resulting from the injury is partial, during each week of incapacity the insurer shall pay the injured employee a weekly...
• Massachusetts General Laws - Added compensation for dependents; payment; presumed dependents; dependency determined by facts - Chapter 152, Section 35A
  Where the injured employee has persons conclusively presumed to be dependent upon him or in fact so dependent, the sum of six dollars shall be...
• Massachusetts General Laws - Return to work; subsequent injury; rate of compensation - Chapter 152, Section 35B
  An employee who has been receiving compensation under this chapter and who has returned to work for a period of not less than two months...
• Massachusetts General Laws - Date of eligibility; benefits applicable; adjustments - Chapter 152, Section 35C
  When there is a difference of five years or more between the date of injury and the initial date on which the injured worker or...
• Massachusetts General Laws - Computation of weekly wage - Chapter 152, Section 35D
  For purposes of sections thirty-four, thirty-four A and thirty-five, the weekly wage the employee is capable of earning, if any, after the injury, shall be...
• Massachusetts General Laws - Persons eligible for old age benefits or pension; entitlement to benefits under Sec. 34 or 35 - Chapter 152, Section 35E
  Any employee who is at least sixty-five years of age and has been out of the labor force for a period of at least two...
• Massachusetts General Laws - Repealed, 1991, 398, Sec. 67 - Chapter 152, Section 35F
  Repealed, 1991, 398, Sec.
• Massachusetts General Laws - Specific injuries - Chapter 152, Section 36
  (1) In addition to all other compensation to the employee shall be paid the sums hereafter designated for the following specific injuries; provided, however, that...
• Massachusetts General Laws - Death before full payment of compensation for specified injuries; brain damage - Chapter 152, Section 36A
  In the event that an injured employee who has become entitled to compensation under section thirty-six dies before fully collecting the said compensation, the balance...
• Massachusetts General Laws - Unemployment compensation benefits; eligibility - Chapter 152, Section 36B
  (1) No benefits shall be payable under section thirty-four or section thirty-four A for any week in which the employee has received or is receiving...
• Massachusetts General Laws - Compensation for disability subsequent to physical impairment; reimbursement - Chapter 152, Section 37
  Whenever an employee who has a known physical impairment which is due to any previous accident, disease or any congenital condition and is, or is...
• Massachusetts General Laws - Compensation for disabled war veteran; reimbursement - Chapter 152, Section 37A
  Any employee who is a war veteran and disabled as the result of his military or naval service and has been certified as such by...
• Massachusetts General Laws - Consideration of employee’s savings, insurance and other benefits - Chapter 152, Section 38
  Except as expressly provided elsewhere in this chapter, no savings or insurance of the injured employee independent of this chapter shall be considered in determining...
• Massachusetts General Laws - Payment of compensation payable in case of death; payment of expenses and for legal services - Chapter 152, Section 39
  The compensation payable in case of the death of the injured employee shall be paid to his legal representative; or, if he has no legal...
• Massachusetts General Laws - Guardian or next friend exercising employee’s rights - Chapter 152, Section 40
  If an injured employee is mentally incompetent or is a minor when any right or privilege accrues to him, his guardian or next friend may...
• Massachusetts General Laws - Notice of proceedings for compensation; limitation of actions - Chapter 152, Section 41
  No proceedings for compensation payable under this chapter shall be maintained unless a notice thereof shall have been given to the insurer or insured as...
• Massachusetts General Laws - Repealed, 1985, 572, Sec. 51 - Chapter 152, Section 41A
  Repealed, 1985, 572, Sec.
• Massachusetts General Laws - Notice in general - Chapter 152, Section 42
  The said notice shall be in writing, and shall state in ordinary language the time, place and cause of the injury, and shall be signed...
• Massachusetts General Laws - Service of notice - Chapter 152, Section 43
  The notice shall be served upon the insurer or an officer or agent thereof, or upon the insured, or upon one insured person if there...
• Massachusetts General Laws - Inaccuracies in, and want of, notice - Chapter 152, Section 44
  Such notice shall not be held invalid or insufficient by reason of any inaccuracy in stating the time, place or cause of the injury unless...
• Massachusetts General Laws - Examination by physician; filing copy of report; refusing or obstructing examination; reimbursement of travel expenses and wages - Chapter 152, Section 45
  After an employee has received an injury, and from time to time thereafter during the continuance of his disability he shall, if requested by the...
• Massachusetts General Laws - Waiver of rights to compensation; arbitration - Chapter 152, Section 46
  No agreement by any employee to waive his right to compensation shall be valid. Nothing in this section shall be deemed to prohibit the parties...
• Massachusetts General Laws - Reimbursement for accident and health insurance benefits paid on compensable injuries; lien of insurers, et al., against award; child support claims - Chapter 152, Section 46A
  If medical, dental, hospital or lost time weekly benefits have been paid or furnished under any group or nongroup policy of accident and health insurance...
• Massachusetts General Laws - Assignments; attachments; liability for debts - Chapter 152, Section 47
  [ Text of section effective until July 1, 2013. For text effective July 1, 2013, see below.]No payment shall be assignable or subject to attachment...
• Massachusetts General Laws - Lump sum agreements - Chapter 152, Section 48
  (1) Under the conditions and limitations specified in this chapter, the insurer and employee may, with the written consent of the employer if such employer...
• Massachusetts General Laws - Claim in general - Chapter 152, Section 49
  The claim for compensation shall be in writing, and shall state the date, place, cause and nature of the injury. It shall be signed by...
• Massachusetts General Laws - Interest on unpaid claims - Chapter 152, Section 50
  Whenever payments of any kind are not made within sixty days of being claimed by an employee, dependent or other party, and an order or...
• Massachusetts General Laws - Natural increase considered in determining weekly wages - Chapter 152, Section 51
  Whenever an employee is injured under circumstances entitling him to compensation, if it be established that the injured employee was of such age and experience...
• Massachusetts General Laws - Decision in compensation case; law in effect - Chapter 152, Section 51A
  In any claim in which no compensation has been paid prior to the final decision on such claim, said final decision shall take into consideration...
• Massachusetts General Laws - Repealed, 1987, 691, Sec. 13 - Chapter 152, Section 52
  Repealed, 1987, 691, Sec.
• Massachusetts General Laws - Repealed, 1957, 301 - Chapter 152, Section 52A
  Repealed, 1957,
• Massachusetts General Laws - Priority of premiums and interest charges over other claims - Chapter 152, Section 52B
  All premiums and interest charges on account of policies insuring the payment of the compensation provided for by this chapter which may be due from...
• Massachusetts General Laws - Rating organizations in general; subscribers; co-operative activities; rates; freedom of contract - Chapter 152, Section 52C
  (a) A corporation, an unincorporated association, a partnership, or an individual, located within this commonwealth may make application to the commissioner of insurance, hereinafter and...
• Massachusetts General Laws - Appeal from action or decision of rating organization; rating information - Chapter 152, Section 52D
  Any member of or subscriber to a rating organization may appeal to the commissioner from the action or decision of such rating organization in approving...
• Massachusetts General Laws - Violation of statutes; failure to comply with commissioner’s orders; suspension and revocation of licenses - Chapter 152, Section 52E
  Any person or organization wilfully violating any provision of section fifty-two, fifty-two C or fifty-two D shall be punished by a fine of not more...
• Massachusetts General Laws - Hearing on order or decision of commissioner; suspension or postponement of action; review; stay of order or decision - Chapter 152, Section 52F
  (a) Any insurer or rating organization aggrieved by any order or decision of the commissioner made without a hearing may, within thirty days after notice...
• Massachusetts General Laws - Partial invalidity of statute - Chapter 152, Section 52G
  If any section, subsection, subdivision, paragraph, sentence or clause of said sections fifty-two C to fifty-two F, inclusive, is held invalid or unconstitutional, such decision...
• Massachusetts General Laws - Mutual companies; distribution of risks into groups - Chapter 152, Section 53
  Any mutual liability insurance company authorized to do business in this commonwealth may with the approval of the commissioner of insurance distribute its risks into...
• Massachusetts General Laws - Classification of risks and premiums; distribution of premiums among employers - Chapter 152, Section 53A
  (1) Any insurance company authorized to transact business in this commonwealth under subclause (b) or (e) of clause Sixth of section forty-seven of chapter one...
• Massachusetts General Laws - Repealed, 1923, 139, Sec. 1 - Chapter 152, Section 54
  Repealed, 1923, 139, Sec.
• Massachusetts General Laws - Necessity of insurance contract insuring payment of compensation - Chapter 152, Section 54A
  Every contract or agreement the purpose of which is to insure an employer in whole or in part against liability on account of injury or...
• Massachusetts General Laws - Approval of policy by commissioner; review; issuance of policy in violation of statute - Chapter 152, Section 55
  No policy of workers’ compensation insurance shall be issued or delivered until a copy thereof has been filed with the commissioner of insurance at least...
• Massachusetts General Laws - Mid-term notice of cancellation - Chapter 152, Section 55A
  Notwithstanding any general or special law to the contrary, a mid-term notice of cancellation of a workers’ compensation policy shall be effective only if based...
• Massachusetts General Laws - Joint and several policies - Chapter 152, Section 56
  Two or more insurance companies authorized to issue such insurance policies in the commonwealth may unite in issuing joint and several workers’ compensation policies which...
• Massachusetts General Laws - Deposits of value of outstanding claims under contracts - Chapter 152, Section 57
  The commissioner of insurance may, whenever he deems it expedient, by a written order in such form as he may prescribe, require a domestic insurance...
• Massachusetts General Laws - Computation of value of claims - Chapter 152, Section 58
  The commissioner of insurance shall compute the present value of outstanding claims on the basis of information furnished by the division, and shall assume a...
• Massachusetts General Laws - Holding deposits in trust; payment of claims; transfer to trustee; accounts; refunds; return of balance - Chapter 152, Section 59
  The state treasurer shall hold any deposit made under section fifty-seven in trust for the payment of claims for benefits under this chapter, including claims...
• Massachusetts General Laws - Effect of appointment of receiver on order, deposit or payments; deposit by receiver - Chapter 152, Section 60
  The appointment of a receiver of a domestic company under section six of chapter one hundred and seventy-five shall not affect any order of the...
• Massachusetts General Laws - Review, suspension and reduction of order requiring deposit - Chapter 152, Section 60A
  Any company aggrieved by any order of the said commissioner made under section fifty-seven may, within five days from the date of its receipt, file...
• Massachusetts General Laws - Liability for expenses for custody and disbursement of deposit; determination; deduction from deposit - Chapter 152, Section 60B
  A company making a deposit under section fifty-seven shall pay to the state treasurer a reasonable amount for the expenses of his office, attributable to...
• Massachusetts General Laws - Failure to comply with order requiring deposit; certificate authorizing resumption of issuance of policies - Chapter 152, Section 60C
  Failure of a company to comply with any lawful order of the commissioner of insurance under section fifty-seven shall, without any further action by the...
• Massachusetts General Laws - Forfeiture for failure to comply with order requiring deposit; issuance of policy while in default; enforcement of order, fine or forfeiture - Chapter 152, Section 60D
  Any company failing to comply with any lawful order of the commissioner under section fifty-seven shall, in addition, forfeit one hundred dollars for each day...
• Massachusetts General Laws - Bond for foreign company; other security - Chapter 152, Section 61
  Every foreign insurance company transacting the business of workers’ compensation insurance in the commonwealth shall furnish a bond running to the commonwealth, with some surety...
• Massachusetts General Laws - Deposits by foreign companies; payment of obligations - Chapter 152, Section 62
  Every such foreign insurance company shall, within five days after its withdrawal from the transaction of business in the commonwealth or after the revocation of...
• Massachusetts General Laws - Insurance company information requested by department; rating organizations; notices furnished by companies - Chapter 152, Section 63
  Insurance companies insuring employees under this chapter shall, at the request of the department, furnish it in writing any information required in connection with the...
• Massachusetts General Laws - Insurer’s regulations for prevention of injuries; review; inspector’s access to premises - Chapter 152, Section 64
  The insurer shall make and enforce reasonable rules and regulations for the prevention of injuries on the premises of insured persons, and for this purpose...
• Massachusetts General Laws - Special Fund; Trust Fund; assessment base; assessment rates; payments; reports; audits - Chapter 152, Section 65
  (1) There is hereby established a special revenue fund in the state treasury, known as the Workers’ Compensation Special Fund, the proceeds of which may...
• Massachusetts General Laws - Designation of insurer to issue policy; equitable distribution of risks; servicing carriers; service fees - Chapter 152, Section 65A
  (1) Any employer whose application for workers’ compensation insurance has been rejected or not accepted within five days by two insurers may appeal to the...
• Massachusetts General Laws - Cancellation or termination of policy; review - Chapter 152, Section 65B
  If, after the issuance of a policy under section sixty-five A, it shall appear that the employer to whom the policy was issued is not...
• Massachusetts General Laws - Equitable distribution of losses; reinsurance pools; necessity of membership; plan of operation; cost containment programs - Chapter 152, Section 65C
  (1) All losses incurred under policies issued to employers under section sixty-five A shall be equitably distributed among all insurers authorized to transact and transacting...
• Massachusetts General Laws - Issuance of policy to employer assigned to another insurer - Chapter 152, Section 65D
  By arrangement between insurers which are members of the reinsurance pool, and with the approval of the commissioner of insurance, an insurer referred to in...
• Massachusetts General Laws - Repealed, 1990, 462, Sec. 5 - Chapter 152, Section 65E 65F
  Repealed, 1990, 462, Sec.
• Massachusetts General Laws - “Losses incurred” defined; determination of amounts to be paid - Chapter 152, Section 65G
  The words “Losses incurred,” as used in section sixty-five C shall mean, with respect to each policy, the losses paid and estimated to be paid...
• Massachusetts General Laws - Adjustment of payments - Chapter 152, Section 65H
  Provision may be made under the plan of operation established under section sixty-five C for the subsequent adjustment of payments originally made on behalf of...
• Massachusetts General Laws - Primary liability to pay benefits - Chapter 152, Section 65I
  Nothing in sections sixty-five A to sixty-five M, inclusive, shall be construed to affect, in any way, the primary liability of the insurer to which...
• Massachusetts General Laws - Inspection of risks; rules - Chapter 152, Section 65J
  At any time while a policy issued pursuant to section sixty-five A is in force, the insurer, upon its own initiative, may make a careful...
• Massachusetts General Laws - Appeal on ground premium is unreasonable or discriminatory; effect of determined rates - Chapter 152, Section 65K
  Any employer to whom a policy is issued pursuant to section sixty-five A may appeal, within sixty days after the effective date of such policy,...
• Massachusetts General Laws - Failure of insurer to comply with statutes, order or rule; revocation or suspension of licenses; injunction - Chapter 152, Section 65L
  If an insurer refuses or neglects to comply with any provision of sections sixty-five A to sixty-five K, inclusive, or with any lawful order or...
• Massachusetts General Laws - Review of orders or rulings; time; suspension and stay of order or rulings - Chapter 152, Section 65M
  Any employer or insurer aggrieved by any order or ruling of the division or of the commissioner of insurance under any provision of sections sixty-five...
• Massachusetts General Laws - Repealed, 1973, 855, Sec. 6 - Chapter 152, Section 65N
  Repealed, 1973, 855, Sec.
• Massachusetts General Laws - Employer’s choice of insurance agent or broker; commission fees; service fees - Chapter 152, Section 65O
  Any employer to whom an insurer is assigned under the provisions of section sixty-five A shall be entitled to designate any licensed insurance agent or...
• Massachusetts General Laws - Actions for injuries sustained by employees; limitations; defenses - Chapter 152, Section 66
  Actions brought against employers to recover damages for personal injuries or consequential damages sustained within or without the commonwealth by an employee in the course...
• Massachusetts General Laws - Application to insureds and employers having right of election, of statutes relating to defenses to actions - Chapter 152, Section 67
  Section sixty-six shall not apply to actions to recover damages for personal injuries received by employees of an insured person or a self-insurer. Paragraph 4...
• Massachusetts General Laws - Applicability of statutes relating to employers’ liabilities - Chapter 152, Section 68
  Chapter one hundred and fifty-three and sections two B and six C to six F, inclusive, of chapter two hundred and twenty-nine shall not apply...
• Massachusetts General Laws - Commonwealth, counties, cities, towns and districts in general; members of a police or fire force in work under a contract - Chapter 152, Section 69
  The commonwealth and any county, city, town or district having the power of taxation which has accepted chapter eight hundred and seven of the acts...
• Massachusetts General Laws - Repealed, 1992, 133, Sec. 507 - Chapter 152, Section 69A
  Repealed, 1992, 133, Sec.
• Massachusetts General Laws - Vouchers; examinations and investigations; reports - Chapter 152, Section 69B
  Payments of compensation, or payments of medical or other expenses or fees by the commonwealth under this chapter shall be made only upon vouchers bearing...
• Massachusetts General Laws - Procedure and jurisdiction; compensation paid by commonwealth and its subdivisions - Chapter 152, Section 70
  Procedure under sections sixty-nine to seventy-five, inclusive, and the jurisdiction of the department shall be the same as under sections one to sixty-eight, inclusive, and...
• Massachusetts General Laws - Liability of county, city, town or district for employee’s injuries - Chapter 152, Section 71
  Except as provided in the following section, such county, city, town or district shall not be liable in any action for a personal injury sustained...
• Massachusetts General Laws - Employee claiming or waiving rights against county, city, town or district - Chapter 152, Section 72
  A laborer, workman or mechanic entering the service of such county, city, town or district who would, if injured, have a right of action against...
• Massachusetts General Laws - Election to receive compensation or pension; retirement boards; prosecuting claims; attorney; notice to boards; special pensions - Chapter 152, Section 73
  Any person entitled under section sixty-nine to receive compensation from the commonwealth or from such county, city, town or district and any person entitled under...
• Massachusetts General Laws - Employment of partially disabled employee; temporary employment to fill vacancy - Chapter 152, Section 73A
  Any employee who by reason of partial disability is entitled to receive compensation as provided by section sixty-nine from the commonwealth, or from such county,...
• Massachusetts General Laws - Application of statutes to all public employees; inmates of institutions; employees of boards or commissions and welfare districts - Chapter 152, Section 74
  Sections sixty-nine to seventy-five, inclusive, shall apply to all laborers, workmen and mechanics in the service of the commonwealth or of such county, city, town...
• Massachusetts General Laws - Employee of one governmental unit or electric company aiding another unit or company; reimbursement of compensation - Chapter 152, Section 74A
  Any governmental unit, which words as used in this section shall mean the commonwealth or any political subdivision thereof or any municipal gas or electric...
• Massachusetts General Laws - Agents designated to furnish benefits and carry out statutes - Chapter 152, Section 75
  Every board, commission and department of the commonwealth, and every such county, city, town and district shall through its executive officers or board, designate one...
• Massachusetts General Laws - Preferences for hiring - Chapter 152, Section 75A
  Any person who has lost a job as a result of an injury compensable under this chapter shall be given preference in hiring by the...
• Massachusetts General Laws - Qualified handicapped persons; discrimination against employees exercising rights under this chapter; disclosure of data - Chapter 152, Section 75B
  (1) Any employee who has sustained a work-related injury and is capable of performing the essential functions of a particular job, or who would be...
• Massachusetts General Laws - Repealed, 1955, 234, Sec. 1 - Chapter 152, Section 76
  Repealed, 1955, 234, Sec.
• Massachusetts General Laws - Repealed, 1950, 220 - Chapter 152, Section 77 to 85
  Repealed, 1950,
• Massachusetts General Laws - Public employees; certified copy of order, decision, or agreement mailed to public employee retirement administration commission, etc. - Chapter 152, Section 86
  Within fifteen days of an order or decision of the division, of a member or of a reviewing board, or the approval of a memorandum...

Last modified: September 11, 2015