General Laws of Massachusetts (Last Updated: January 16, 2020) |
PART I ADMINISTRATION OF THE GOVERNMENT |
TITLE XXI. LABOR AND INDUSTRIES |
CHAPTER 152. WORKERS' COMPENSATION |
SECTION 1. Definitions |
SECTION 2. Powers and duties of department; investigation of causes of injuries |
SECTION 2A. Application of amendments of statute |
SECTION 3. Repealed, 1921, 462, Sec. 8 |
SECTION 4. Repealed, 1985, 572, Sec. 15 |
SECTION 5. Rules and regulations |
SECTION 6. Notice of injuries; forms; additional reports; statistical summaries |
SECTION 6A. Informational brochures; monitoring of benefits; resolution of disputes |
SECTION 6B. Disposition of fines |
SECTION 7. Commencement of payments |
SECTION 7A. Presumptions; employee unable to testify |
SECTION 7B. Admissibility of, or reference to, statement given insurer or self-insurer by claimant or in his behalf |
SECTION 7C. Representation of claimants; compensation; denial or suspension of right to practice or appear |
SECTION 7D. Repealed, 1979, 67 |
SECTION 7E. Repealed, 1985, 572, Sec. 20 |
SECTION 7F. Record of filing fees, penalties and attorneys' fees |
SECTION 7G. Documentation attached to claims |
SECTION 8. Termination or modification of payments |
SECTION 8A. Repealed, 1985, 572, Sec. 22 |
SECTION 9. Repealed, 1985, 572, Sec. 23 |
SECTION 9A. Physicians engaged to testify or depose for employee; fees paid by insurer |
SECTION 9B. Repealed, 1947, 286 |
SECTION 10. Claims for benefits; complaints requesting modification or discontinuation of benefits; conciliation |
SECTION 10A. Assignments of cases; conferences; orders; appeals |
SECTION 10B. Arbitration; agreements; proceedings |
SECTION 10C. Collective bargaining agreements; binding obligations and procedures |
SECTION 11. Hearings; evidence; continuances |
SECTION 11A. Impartial medical examiners |
SECTION 11B. Procedure for hearings; depositions; record of proceedings |
SECTION 11C. Appeals to reviewing board |
SECTION 11D. Earnings reports by employees; recovery of overpayments |
SECTION 12. Enforcement of orders; appeals from decisions of reviewing board; costs; reported questions; copies of judgments |
SECTION 12A. Award of costs and attorney's fees |
SECTION 13. Rate of payment by insurers; review of clinical health care providers; health care services board |
SECTION 13A. Attorney's fees for employees |
SECTION 14. Actions not based on reasonable grounds; illegal or fraudulent conduct; costs and penalties |
SECTION 14A. Employee leasing companies |
SECTION 15. Liability of person other than insured |
SECTION 15A. Controversy as to which of two or more insurers is liable |
SECTION 16. Subsequent findings discontinuing compensation; finality |
SECTION 17. Enforcement of orders or decisions |
SECTION 18. Independent and sub-contractors; liability of insurer and others |
SECTION 19. Agreements by parties |
SECTION 19A. Repealed, 1948, 158 |
SECTION 19B. Repealed, 1948, 157 |
SECTION 20. Hospital records as evidence; medical records and reports open to inspection |
SECTION 20A. Copies of reports of medical examinations furnished employees; reports as evidence |
SECTION 20B. Medical reports of disabled or deceased physicians as evidence |
SECTION 21. Notice by insured to employees |
SECTION 22. Notice by insured to new employees; notice of cessation of insurance; filing copy |
SECTION 23. Release of claims or demands at common law |
SECTION 24. Waiver of right of action for injuries |
SECTION 25. Insurer's liability on judgment for employee |
SECTION 25A. Purchase of insurance; self-insurance; reinsurance; deductibles |
SECTION 25B. Applicability of statute relating to insurance and self-insurers; employer bringing employees within statute |
SECTION 25C. Failure to provide for payment of compensation; stop work orders; penalties; liens; actions brought by losing bidders; civil actions for violations of chapter |
SECTION 25D. Service companies; investigation, adjustment or settlement of claims for self-insurers |
SECTION 25E. Self-insurance groups; definitions |
SECTION 25F. Certification to act as self-insurance group |
SECTION 25G. Application for certificate; requirements; issuance |
SECTION 25H. Termination of certificate |
SECTION 25I. Examination of affairs, transactions, accounts, records and assets of each group; confidentiality and privilege |
SECTION 25J. Boards of trustees |
SECTION 25K. Applications for membership; cancellation of members; insolvency or bankruptcy of members |
SECTION 25L. Solicitation of membership by licensed agents |
SECTION 25M. Misrepresentations or omissions in solicitations of membership |
SECTION 25N. Performance reports; statements of financial condition |
SECTION 25O. Uniform classification system; premium contributions; application to make own rates; audits |
SECTION 25P. Refunds |
SECTION 25Q. Premium payment plans; loss reserves; bad debt reserves |
SECTION 25R. Deficiencies; assessments; liquidation of groups |
SECTION 25S. Penalties |
SECTION 25T. Cease and desist orders |
SECTION 25U. Revocation of certificates of approval |
SECTION 25V. Applicability of chapter 176V to groups governed by Secs. 25E to 25U |
SECTION 25W. Applicability of chapter 176W to workers' compensation self-insurance groups governed by Secs. 25E to 25U |
SECTION 26. Injuries arising out of and in course of employment |
SECTION 26A. Suicide |
SECTION 26B. Concurrent service of two or more employers; joint and several liability of insurers |
SECTION 27. Willful misconduct of employee |
SECTION 27A. False representation of physical condition by employee; right to benefits |
SECTION 28. Wilful misconduct of employer; defense; reimbursement of insurer; employment of minor; mentally retarded persons; injuries at sheltered workshops |
SECTION 29. Required period of incapacitation; personnel actions |
SECTION 30. Adequate and reasonable health care services; preferred health care provider |
SECTION 30A. Medical reports |
SECTION 30B to 30D. Repealed, 1986, 662, Sec. 28 |
SECTION 30E. Development of voluntary agreements |
SECTION 30F. Identification of cases in which vocational rehabilitation services may be required |
SECTION 30G. Meetings with injured employees requiring vocational rehabilitation services |
SECTION 30H. Applications for vocational rehabilitation services |
SECTION 30I. Availability of new jobs and job training programs |
SECTION 31. Death; compensation for dependents; hearings |
SECTION 33. Burial expenses |
SECTION 34. Total incapacity; compensation |
SECTION 34A. Permanent and total incapacity; compensation |
SECTION 34B. Review date; supplemental benefits to Secs. 31 or 34A |
SECTION 35. Partial incapacity; compensation |
SECTION 35A. Added compensation for dependents; payment; presumed dependents; dependency determined by facts |
SECTION 35B. Return to work; subsequent injury; rate of compensation |
SECTION 35C. Date of eligibility; benefits applicable; adjustments |
SECTION 35D. Computation of weekly wage |
SECTION 35E. Persons eligible for old age benefits or pension; entitlement to benefits under Secs. 34 or 35 |
SECTION 35F. Repealed, 1991, 398, Sec. 67 |
SECTION 36. Specific injuries |
SECTION 36A. Death before full payment of compensation for specified injuries; brain damage |
SECTION 36B. Unemployment compensation benefits; eligibility |
SECTION 37. Compensation for disability subsequent to physical impairment; reimbursement |
SECTION 37A. Compensation for disabled war veteran; reimbursement |
SECTION 38. Consideration of employee's savings, insurance and other benefits |
SECTION 39. Payment of compensation payable in case of death; payment of expenses and for legal services |
SECTION 40. Guardian or next friend exercising employee's rights |
SECTION 41. Notice of proceedings for compensation; limitation of actions |
SECTION 41A. Repealed, 1985, 572, Sec. 51 |
SECTION 42. Notice in general |
SECTION 43. Service of notice |
SECTION 44. Inaccuracies in, and want of, notice |
SECTION 45. Examination by physician; filing copy of report; refusing or obstructing examination; reimbursement of travel expenses and wages |
SECTION 46. Waiver of rights to compensation; arbitration |
SECTION 46A. Reimbursement for accident and health insurance benefits paid on compensable injuries; lien of insurers, et al., against award; child support claims |
SECTION 47. Assignments; attachments; liability for debts |
SECTION 48. Lump sum agreements |
SECTION 49. Claim in general |
SECTION 50. Interest on unpaid claims |
SECTION 51. Natural increase considered in determining weekly wages |
SECTION 51A. Decision in compensation case; law in effect |
SECTION 52. Repealed, 1987, 691, Sec. 13 |
SECTION 52A. Repealed, 1957, 301 |
SECTION 52B. Priority of premiums and interest charges over other claims |
SECTION 52C. Rating organizations in general; subscribers; co-operative activities; rates; freedom of contract; examination of records; confidentiality and privilege |
SECTION 52D. Appeal from action or decision of rating organization; rating information |
SECTION 52E. Violation of statutes; failure to comply with commissioner's orders; suspension and revocation of licenses |
SECTION 52F. Hearing on order or decision of commissioner; suspension or postponement of action; review; stay of order or decision |
SECTION 52G. Partial invalidity of statute |
SECTION 53. Mutual companies; distribution of risks into groups |
SECTION 53A. Classification of risks and premiums; distribution of premiums among employers |
SECTION 54. Repealed, 1923, 139, Sec. 1 |
SECTION 54A. Necessity of insurance contract insuring payment of compensation |
SECTION 55. Approval of policy by commissioner; review; issuance of policy in violation of statute |
SECTION 55A. Mid-term notice of cancellation |
SECTION 56. Joint and several policies |
SECTION 57. Deposits of value of outstanding claims under contracts |
SECTION 58. Computation of value of claims |
SECTION 59. Holding deposits in trust; payment of claims; transfer to trustee; accounts; refunds; return of balance |
SECTION 60. Effect of appointment of receiver on order, deposit or payments; deposit by receiver |
SECTION 60A. Review, suspension and reduction of order requiring deposit |
SECTION 60B. Liability for expenses for custody and disbursement of deposit; determination; deduction from deposit |
SECTION 60C. Failure to comply with order requiring deposit; certificate authorizing resumption of issuance of policies |
SECTION 60D. Forfeiture for failure to comply with order requiring deposit; issuance of policy while in default; enforcement of order, fine or forfeiture |
SECTION 61. Bond for foreign company; other security |
SECTION 62. Deposits by foreign companies; payment of obligations |
SECTION 63. Insurance company information requested by department; rating organizations; notices furnished by companies |
SECTION 64. Insurer's regulations for prevention of injuries; review; inspector's access to premises |
SECTION 65. Special Fund; Trust Fund; assessment base; assessment rates; payments; reports; audits |
SECTION 65A. Designation of insurer to issue policy; equitable distribution of risks; servicing carriers; service fees |
SECTION 65B. Cancellation or termination of policy; review |
SECTION 65C. Equitable distribution of losses; reinsurance pools; necessity of membership; plan of operation; cost containment programs |
SECTION 65D. Issuance of policy to employer assigned to another insurer |
SECTION 65E, 65F. Repealed, 1990, 462, Sec. 5 |
SECTION 65G. ''Losses incurred'' defined; determination of amounts to be paid |
SECTION 65H. Adjustment of payments |
SECTION 65I. Primary liability to pay benefits |
SECTION 65J. Inspection of risks; rules |
SECTION 65K. Appeal on ground premium is unreasonable or discriminatory; effect of determined rates |
SECTION 65L. Failure of insurer to comply with statutes, order or rule; revocation or suspension of licenses; injunction |
SECTION 65M. Review of orders or rulings; time; suspension and stay of order or rulings |
SECTION 65N. Repealed, 1973, 855, Sec. 6 |
SECTION 65O. Employer's choice of insurance agent or broker; commission fees; service fees |
SECTION 66. Actions for injuries sustained by employees; limitations; defenses |
SECTION 67. Application to insureds and employers having right of election, of statutes relating to defenses to actions |
SECTION 68. Applicability of statutes relating to employers' liabilities |
SECTION 69. Commonwealth, counties, cities, towns and districts in general; members of a police or fire force in work under a contract |
SECTION 69A. Repealed, 1992, 133, Sec. 507 |
SECTION 69B. Vouchers; examinations and investigations; reports |
SECTION 70. Procedure and jurisdiction; compensation paid by commonwealth and its subdivisions |
SECTION 71. Liability of county, city, town or district for employee's injuries |
SECTION 72. Employee claiming or waiving rights against county, city, town or district |
SECTION 73. Election to receive compensation or pension; retirement boards; prosecuting claims; attorney; notice to boards; special pensions |
SECTION 73A. Employment of partially disabled employee; temporary employment to fill vacancy |
SECTION 74. Application of statutes to all public employees; inmates of institutions; employees of boards or commissions and welfare districts |
SECTION 74A. Employee of one governmental unit or electric company aiding another unit or company; reimbursement of compensation |
SECTION 75. Agents designated to furnish benefits and carry out statutes |
SECTION 75A. Preferences for hiring |
SECTION 75B. Qualified handicapped persons; discrimination against employees exercising rights under this chapter; disclosure of data |
SECTION 76. Repealed, 1955, 234, Sec. 1 |
SECTION 77 to 85. Repealed, 1950, 220 |
SECTION 86. Public employees; certified copy of order, decision, or agreement mailed to public employee retirement administration commission, etc. |