Product Description

Recent updates:

• Update: August 2024

  Dear Subscriber:

  Thank you for choosing to keep your volume of Drafting and Negotiating Massachusetts Contracts current with this 2024 edition. Inside, you will find new material on topics including the following:

  • Essential contract terms—meeting of the minds. In chapter 2, find discussion of a 2023 Appeals Court case that contains a clear and comprehensive explanation of fundamental contract principles, while also highlighting typical modern factual circumstances involving email exchanges, counteroffers, acknowledgment and acceptance of changed terms, and modes of performance concerning the seller's breach of an "offer to purchase" mixed-use real estate.

  • Representations and warranties. See chapter 4 for guidance on how to draft a contract where prior representations or warranties were made in a contract negotiation, and how to draft a document where there are no representations or warranties.

  • Escrow agreements. Chapter 5 has updated example agreements in its exhibits.

  • Noncompetition agreements. A practice note in chapter 7 discusses the recent developments relative to the Federal Trade Commission (FTC)'s vote to approve a final rule banning noncompetes with all workers 120 days after publication in the Federal Register, and invalidating existing noncompetes with all workers except senior executives.

  • Leasing. Chapter 8 discusses the instances where a tenant may be unwittingly damaged by insufficient coverage in a lease. For example, where the landlord has liability for injuries sustained due to its negligence, courts, in a commercial context, do not imply an obligation on the part of the landlord to repair unless there is a specific covenant for the landlord to do so.

  • Title 5 inspections. See chapter 9 for discussion of the situation where a tenant may be unwittingly damaged by insufficient coverage in a lease. The landlord's burden to make disclosures in writing within a certain time is discussed.

  We at MCLE hope you will find this updated publication useful in your daily practice and in your law library. Thank you for your continued support as we work to continue "raising the bar" for Massachusetts lawyers.

  Cordially,

  MCLE Press

Table of Contents

Chapter 1 expand

Who Are Covered Employees?

Buy Chapter

Deborah G. Kohl, Esq., Law Offices of Deborah G. Kohl

Exhibit 1A

- Attorney General Advisory Buy Form

Chapter 2 expand

Defining Personal Injury Under Chapter 152

Buy Chapter

James M. Brady, Esq., Attorney Jim Brady and Associates, PC
Beth R. Levenson, Esq., Lipsey & Clifford, PC

Chapter 3 expand

Types of Workers’ Compensation Benefits

Buy Chapter

Lauren Van Iderstine, Keches Law Group

Chapter 4 expand

Scarring and Disfigurement: Calculating Section 36 Benefits

Buy Chapter

Bernard J. Mulholland, Esq., Ford, Mulholland & Moran, PC

Exhibit 4A

- Guide for Calculating Loss-of-Function Benefits Buy Form

Exhibit 4B

- Guidelines for Calculating Disfigurements Other than Scars Buy Form

Exhibit 4C

- Payments for the Amputation of a Hand, Fingers, or Parts Thereof Buy Form

Chapter 5 expand

Psychiatric Claims

Buy Chapter

Kaylene M. Crum, Esq., Keches Law Group

Chapter 6 expand

Representing the Claimant from Initial Intake to Filing of Claim

Buy Chapter

Joseph F. Agnelli, Jr., Esq., Agnelli Law Offices, PC

Checklist 6.1

- Checklist for Initial Interview Regarding Workers’ Compensation Claim Buy Form

Checklist 6.2

- Checklist for Filing a Workers’ Compensation Claim Buy Form

Exhibit 6A

- DIA Form 115 (Third Party Claim/Notice of Lien) Buy Form

Exhibit 6B

- DIA Form 114 (Notice of Change/ Appearance of Counsel) Buy Form

Exhibit 6C

- DIA Form 110 (Employee’s Claim) Buy Form

Chapter 7 expand

Representing the Employer/Insurer in the Initial Stages of Claim Filing or Litigation

Buy Chapter

Scott E. Richardson, Esq., The Law Offices of Steven B. Stein

Exhibit 7A

- DIA Form 104 (Insurer’s Notification of Denial) Buy Form

Exhibit 7B

- DIA Form 126 (Employee’s Earning Report) Buy Form

Chapter 8 expand

Practice and Procedure Before the Department of Industrial Accidents: The Department’s Perspective

Buy Chapter

Fred Capone, Esq., Department of Industrial Accidents, Commonwealth of Massachusetts

Exhibit 8A

- An Overview of the Document Management System (DMS) of the Massachusetts Department of Industrial Accidents Buy Form

Chapter 9 expand

Practice and Procedure Before the Department of Industrial Accidents: The Employee’s Perspective

Buy Chapter

Adam J. Troupe, Esq., The Troupe Law Office
William H. Troupe, Esq., The Troupe Law Office

Exhibit 9A

- Employee Biographical Data Sheet (DIA Form 160) Buy Form

Exhibit 9B

- Sample Narrative Report of First Medical Visit Buy Form

Exhibit 9C

- Sample Requests for Doctor’s Narrative Report Buy Form

Exhibit 9D

- Sample HIPAA Release Form Buy Form

Exhibit 9E

- Sample Authorization for Representation Buy Form

Exhibit 9F

- Petition for Approval of Third Party Settlement Buy Form

Exhibit 9G

- Sample Employee’s Request for Production of Documents Buy Form

Exhibit 9H

- Insurance Inquiry Form Buy Form

Exhibit 9I

- DIA Form 110 (Employee’s Claim) Buy Form

Exhibit 9J

- DIA Form 110 (Employee’s Claim) with Cover Letter Buy Form

Exhibit 9K

- DIA Form 113 (Agreement to Pay Compensation) Buy Form

Exhibit 9L

- DIA Form 131 (Request for Speedy Conference Because of Hardship) Buy Form

Exhibit 9M

- DIA Form 132 (Affidavit in Support of Employee’s Request for Speedy Conference Because of Hardship) Buy Form

Exhibit 9N

- DIA Form 112A (Affidavit in Support of Request for Waiver of Filing Fee Under Section 11C) Buy Form

Exhibit 9O

- Conference Memorandum Cover Sheet Buy Form

Exhibit 9P

- DIA Form 121 (Appeal of Conference Proceeding) Buy Form

Exhibit 9Q

- DIA Circular Letter No. 356 (October 4, 2021; Effective October 1, 2021) Buy Form

Exhibit 9R

- Sample Motion for Expanded Attorney Fees Buy Form

Exhibit 9S

- Last Best Offer Form Buy Form

Exhibit 9T

- Agreement That No Impartial Physician Report Is Required Buy Form

Exhibit 9U

- Notice of Taking Deposition Buy Form

Exhibit 9V

- Explanation of Computation of Interest Buy Form

Exhibit 9W

- Sample Notification of Medical Evidence to Be Introduced Buy Form

Exhibit 9X

- Social Security Form CR-28 (COLA Data Form) Buy Form

Exhibit 9Y

- COLA Offset Worksheet Buy Form

Exhibit 9Z

- Form SSA-149, Waiver of Benefit Payments Buy Form

Chapter 10 expand

Practice and Procedure Before the Department of Industrial Accidents: The Employer’s/?Insurer’s Perspective

Buy Chapter

Monique M. Chiacchia, Esq., Travelers

Chapter 11 expand

Impartial Examiners—A Guide to Section 11A Practice

Buy Chapter

Christine Griggs Narcisse, Esq., McGuire & McGuire, PC

Chapter 12 expand

Tips for Obtaining Discovery and Preparing for Hearing: The Insurer’s Perspective

Buy Chapter

Pauline A. Jauquet, Esq.,

Checklist 12.1

- Checklist of Potential Areas for Cross-Examination of a Workers’ Compensation Claimant Buy Form

Checklist 12.2

- Checklist of Tips for Working with Vocational Experts Buy Form

Exhibit 12A

- Sample Insurer’s Request for Production of Documents Buy Form

Exhibit 12B

- Sample Subpoena Buy Form

Exhibit 12C

- Sample HIPAA Release Form Buy Form

Exhibit 12D

- Sample Insurer’s Hearing Memorandum Buy Form

Exhibit 12E

- Sample Outline for Cross-Examination of a Claimant Buy Form

Exhibit 12F

- Sample Outline for Direct Examination of a Vocational Expert Buy Form

Exhibit 12G

- Sample Motion in Limine with Supporting Memorandum Buy Form

Exhibit 12H

- Sample Motion to Submit Additional Medical Evidence Buy Form

Chapter 13 expand

Considerations for Hearing

Buy Chapter

Paul M. Moretti, Esq., Curtin, Murphy & O'Reilly, PC

Chapter 14 expand

Appeal Practice Before the Department of Industrial Accidents and the Courts

Buy Chapter

Paul M. Moretti, Esq., Curtin, Murphy & O'Reilly, PC

Chapter 15 expand

Scientific Evidence and the Use of Lanigan and Daubert

Buy Chapter

Matthew J. Walko, Esq., Smith Duggan Buell & Rufo, LLP

Chapter 16 expand

Use of the Department’s Vocational Rehabilitation Component

Buy Chapter

Deborah G. Kohl, Esq., Law Offices of Deborah G. Kohl

Chapter 17 expand

Utilization Review in Massachusetts

Buy Chapter

Diane M. Neelon, Esq., Department of Industrial Accidents, Commonwealth of Massachusetts

Chapter 18 expand

Alternative Dispute Resolution in Workers’ Compensation Cases

Buy Chapter

Hon. Roger S. Lewenberg, Department of Industrial Accidents, Commonwealth of Massachusetts (Ret.)

Chapter 19 expand

Lump-Sum Settlements: The Law, the Procedure, and Some Practical Tips

Buy Chapter

Nicole Duca Sullivan, Esq., Law Offices of Nicole D. Sullivan and Associates, PC

Checklist 19.1

- Checklist for Lump-Sum Settlements Buy Form

Exhibit 19A

- DIA Form 116A (Employer’s Consent to Settlement) Buy Form

Exhibit 19B

- Administrative Bulletin No. 4: Online Filing Buy Form

Exhibit 19C

- Bulletin from Senior Judge Hernández Buy Form

Exhibit 19D

- The Request for Section 46A Conference in Conjunction with Lump Sum Under Section 48 Buy Form

Exhibit 19E

- Lump-Sum Settlement Agreement for Injuries Prior to November 1, 1986 Buy Form

Exhibit 19F

- Lump-Sum Settlement Agreement for Injuries on and After November 1, 1986 Buy Form

Exhibit 19G

- Office of Education and Vocational Rehabilitation Memorandum on Lump-Sum Procedure Buy Form

Exhibit 19H

- DIA Form 116B (Vocational Rehabilitation Status Addendum) Buy Form

Exhibit 19I

- DIA Form 116C (Employee’s Lien Disclosure) Buy Form

Exhibit 19J

- Sample Letter of Notice Pursuant to G.L. c. 175, § 24D Buy Form

Exhibit 19K

- Administrative Bulletin No. 10: Post-COVID Changes for Dispute Resolution Events Buy Form

Chapter 20 expand

Recovering from Third Parties: Settlements, Section 15 Liens, and Hunter Fees

Buy Chapter

Nicole Duca Sullivan, Esq., Law Offices of Nicole D. Sullivan and Associates, PC

Checklist 20.1

- Checklist for Petitions Under G.L. c. 152, § 15 Buy Form

Exhibit 20A

- DIA Circular Letter No. 341 Buy Form

Exhibit 20B

- DIA Circular Letter No. 319 Buy Form

Exhibit 20C

- Superior Court Memorandum and Order on Rhode v. Beacon Sales Company (1992) Buy Form

Chapter 21 expand

Interaction Between Workers’ Compensation and Other Disability Benefits

Buy Chapter

Jane Eden, Esq., Eden Rafferty, PC

Exhibit 21A

- Department of the Treasury Letter (April 23, 2009) Buy Form

Exhibit 21B

- Sample Lump-Sum Agreement Buy Form

Exhibit 21C

- Sample Letter to SSA Buy Form

Exhibit 21D

- SSA 1709 Buy Form

Chapter 22 expand

The Relationship Between the Americans with Disabilities Act, Massachusetts Handicap Discrimination Law, and the Massachusetts Workers’ Compensation Act

Buy Chapter

Ellen J. Messing, Esq., Messing, Rudavsky & Weliky, PC
James S. Weliky, Esq., Messing, Rudavsky & Weliky, PC

Chapter 23 expand

Medicare Reimbursement Rights and Enforcement Relating to Workers’ Compensation Cases

Buy Chapter

Pauline A. Jauquet, Esq.,

Exhibit 23A

- Article on Updates to the CMS Reference Guide Buy Form

Chapter 24 expand

Tips for Working with Self-Insurers and Self Insurance Groups

Buy Chapter

Edwin Ned W. Barrett, III., Esq.,

Chapter 25 expand

The View from the Bench at Conference and Hearing

Buy Chapter

Hon. Lauren M. Bergheimer, Department of Industrial Accidents, Commonwealth of Massachusetts
Hon. Marguerite O'Neill, Department of Industrial Accidents, Commonwealth of Massachusetts

Editor(s)

Judicial Commentator(s)

Author(s)