Product Description

Recent updates:

• Update: April 2022

  Dear Subscriber:

  Thank you for updating your reference library with the 2022 edition of Workers' Compensation Practice in Massachusetts . This updated product contains new and revised materials addressing the latest developments in Massachusetts workers' compensation law and practice.

  Highlights from among the many significant issues addressed in this edition include:

  • determinations of whether a compensable injury is a major cause of an employee's ongoing disability or need for treatment;

  • alleged psychological injury resulting from an employer's bona fide personnel action;

  • changes to Department of Industrial Accidents (DIA) procedures adopted in response to the COVID-19 pandemic, including the institution of prehearing conferences and virtual conciliations;

  • a detailed description of prehearing conferences and related procedures;

  • the standards applicable to police officers and firefighters who suffered a prior injury compensable under G.L. c. 41, § 111F;

  • a Supreme Judicial Court recognition of sufficient jurisdictional contacts where neither the contract of hire nor the injury occurred within Massachusetts;

  • an Appeals Court decision that the Workers' Compensation Act is not an exclusive remedy for the intentional conduct of a person who is both the company's sole proprietor and the employee's direct supervisor;

  • the standards applicable to the opinions of impartial medical examiners under G.L. c. 152, § 11A;

  • consideration of minimum-wage employment in calculating a claimant's earning capacity;

  • de novo review of the Reviewing Board's interpretation of statutes that are "not administered by" the DIA, such as the state's medical marijuana law;

  • the standards used to assess the reliability of expert witness testimony;

  • the procedures used for DIA-conducted and private mediation of workers' compensation disputes;

  • developing case law on the extent to which G.L. c. 151B imports federal law defining when a disability "substantially limits" a major life activity;

  • an article reviewing recent updates to the "Workers' Compensation Medicare Set-Aside Arrangement Reference Guide," a resource published by the Centers for Medicare & Medicaid Services;

  • a revised description of the roles of self-insurers and self-insurance groups in the Massachusetts workers' compensation system; and

  • the perspectives of two administrative judges on current practices at the DIA.

  We at MCLE trust that you will find the 2022 edition of Workers' Compensation Practice in Massachusetts useful in your practice and valuable in keeping your reference library current.

  Very truly yours,

  John M. Lawlor, Esq., MCLE Publications Attorney

Table of Contents

Chapter 1 expand

Goals and Strategies

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Lynette Paczkowski, Esq., Bowditch & Dewey LLP

Chapter 2 expand

Basic Procedure and Preparing to Take a Deposition

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Michael H. Hayden, Esq., Morrison Mahoney LLP

Exhibit 2A

- Notice of Deposition of Plaintiff Buy Form

Exhibit 2B

- Notice of Deposition of Corporation Pursuant to Rule 30(b)(6) Buy Form

Exhibit 2C

- Motion for Commission to Take Deposition Outside the Commonwealth of Massachusetts Buy Form

Exhibit 2D

- Rule 30A Notice of Deposition (Audiovisual Deposition) Buy Form

Exhibit 2E

- Rule 30A(m) Notice of Deposition (Audiovisual Expert Witness Deposition for Trial) Buy Form

Exhibit 2F

- Notice of Remote Deposition Buy Form

Chapter 3 expand

Taking Depositions in Federal Court

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Ryan P. Brady, Esq., Eastern Bank
Christopher A. Callanan, Esq., Callanan Law LLP

Chapter 4 expand

Preparing to Defend a Deposition

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Lynette Paczkowski, Esq., Bowditch & Dewey LLP

Checklist 4.1

- Pointers for the Deposition Witness Buy Form

Chapter 5 expand

Predeposition Motions

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Eileen M. Hagerty, Esq., Kotin, Crabtree & Strong LLP

Exhibit 5A

- Motion to Take Depositions Prior to Expiration of Thirty Days After Service of Complaint and Summons Buy Form

Exhibit 5B

- Emergency Motion for Commission to Appoint Person Before Whom Oral Deposition May Be Taken (Outside Massachusetts) Buy Form

Exhibit 5C

- Order for Subpoena Duces Tecum to Compel Testimony Witness and Production of Documents Buy Form

Exhibit 5D

- Commission Buy Form

Exhibit 5E

- Application for Discovery Order Buy Form

Exhibit 5F

- Motion for Leave to Take Telephone Depositions Buy Form

Exhibit 5G

- Motion to Conduct Deposition Buy Form

Exhibit 5H

- Motion for a Protective Order Buy Form

Exhibit 5I

- Memorandum in Support of Protective Order Buy Form

Exhibit 5J

- Motion to Quash Subpoena Buy Form

Exhibit 5K

- Memorandum of Law in Support of Motion to Quash Subpoena Buy Form

Exhibit 5L

- Affidavit in Support of Motion to Quash Subpoena Buy Form

Chapter 6 expand

Taking the Deposition

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Francis D. Dibble, Jr., Esq., Bulkley, Richardson and Gelinas LLP
Christopher J. Visser, Esq., Bulkley, Richardson and Gelinas LLP

Exhibit 6A

- Outline of Deposition of Plaintiff in Slip-and-Fall Tort Case Buy Form

Chapter 7 expand

Defending the Deposition

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Edward C. Cooley, Esq., Giarrusso, Norton, Cooley & McGlone, PC

Chapter 8 expand

Postdeposition Matters

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Darian M. Butcher, Esq., Butcher Law LLC
Michael P. Mullins, Esq., Day Pitney LLP

Exhibit 8A

- Sample Motion to Compel Deposition Testimony Buy Form

Exhibit 8B

- Sample Deposition Transcript Errata Sheet Buy Form

Chapter 9 expand

Using Depositions in Civil Litigation

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Michael Kippins, Esq., Lawyers for Civil Rights

Exhibit 9A

- Mass. R. Civ. P. 32 Buy Form

Chapter 10 expand

Using Depositions in Criminal Litigation

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Hon. Jason Y. Chan, District Court, Commonwealth of Massachusetts
Michael A. Collora, Esq.,

Chapter 11 expand

Audiovisual Depositions

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Christopher A. Callanan, Esq., Callanan Law LLP

Chapter 12 expand

Deposing Medical and Technical Experts

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Edward C. Bassett, Jr., Esq., Mirick, O'Connell, DeMallie & Lougee LLP

Chapter 13 expand

Deposing Accountants

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H. Luke Mitcheson, Esq., Morgan & Morgan, PA
Andrew A. Rainer, Esq., Brody, Hardoon, Perkins & Kesten LLP

Chapter 14 expand

Depositions in Class Actions

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Theodore M. Hess-Mahan, Esq., Hutchings Barsamian Mandelcorn LLP

Exhibit 14A

- Adequacy and Typicality Checklist for Use When Preparing or Questioning a Class Representative Buy Form

Chapter 15 expand

Preparing for and Taking Depositions in Domestic Relations Cases

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Jennifer Sevigney Durand, Esq., Durand Family Law LLC

Checklist 15.1

- Document Checklist for a Divorce Case Buy Form

Exhibit 15A

- Notice of Deposition Buy Form

Exhibit 15B

- Motion for Letter Rogatory to Issue Buy Form

Exhibit 15C

- Form of Letter Rogatory to Appropriate Authority Buy Form

Exhibit 15D

- Motion for Issuance of Commission to Take Deposition Buy Form

Exhibit 15E

- Form of Commission to Take Deposition Buy Form

Exhibit 15F

- Order Issuing Commission Buy Form

Exhibit 15G

- Massachusetts Bar Association Civility Guidelines for Family Law Attorneys Buy Form

Exhibit 15H

- Direct Examination of Party Claiming Privilege Against Self-Incrimination Buy Form

Exhibit 15I

- Outline of Deposition of Expert Witness Buy Form

Exhibit 15J

- Vaughan v. Vaughan, No. 91-485 (Mass. Nov. 25, 1991) (Greaney, Single J.) Buy Form

Exhibit 15K

- Tibbetts v. Tibbetts, No. 92-J-760 (Mass. App. Ct. Oct. 14, 1992) Buy Form

Exhibit 15L

- Direct Examination of Telephone Company Representative Buy Form

Chapter 16 expand

Additional Topics in Domestic Relations Cases

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Calvin J. Heinle, Esq., Gibbs Heinle Maiona LLP
Christie G. Jacobi, Esq., Gibbs Heinle Maiona LLP

Chapter 17 expand

Depositions in Employment Litigation

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Cheri L. Crow, Esq.,
Helen G. Litsas, Esq., Law Office of Helen G. Litsas

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