Product Description

Recent updates:

• Update: July 2022

  Dear Subscriber:

  Thank you for choosing to keep your copy of the Massachusetts Probate Manual current with this fifth edition. Inside, you will find new material addressing a broad range of topics and issues, including the following:

  • Soundness of mind. See chapter 5 for updates to the discussion regarding a decedent’s mental capacity in the immediate period surrounding execution of contested documents.

  • Trusts and trustees. See chapter 16 for insights regarding a general trust petition under Section 201, and a 2021 decision that tested its use as a mechanism whereby to bring claims against a trustee for monetary damages.

  • MassHealth (Medicaid) one-year exception to one-year limitation. See chapter 8 for a recent case on the lack of an exception to the ultimate time limit on the personal representative's power to pay claims and the creditor's ability to bring claims laid out in Section 3-108.

  • Jurisdiction of court concerning trusts. See chapter 16 for a recent case ruling that a general trust petition under Section 201 is not an omnibus vehicle for every type of relief a beneficiary may seek against a trust's trustees.

  • Charitable deductions. See chapter 10 for new, practical information on the impact of the date of ascertainability of the value of the charitable devise. The chapter also provides a practical, tax-efficient approach whereby a personal representative can donate unclaimed, tangible personal property to charity.

  • Guardianship versus conservatorship. See chapter 17 for practical insight into whether and how a conservatorship may be avoided, even where a representative payee or other arrangement does not address all of the person's financial needs.

  We at MCLE thank you for your interest in this book, and we trust that you will find this new edition useful in your library and valuable in your service to your clients.

  Cordially,

  Maryanne G. Jensen, Esq., Director of Publications

Table of Contents

Chapter 1 expand

Who Are Covered Employees?

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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

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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

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Lauren Van Iderstine, Keches Law Group

Chapter 4 expand

Scarring and Disfigurement: Calculating Section 36 Benefits

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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

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Kaylene M. Crum, Esq., Keches Law Group

Chapter 6 expand

Representing the Claimant from Initial Intake to Filing of Claim

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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

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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

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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

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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

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Monique M. Chiacchia, Esq., Travelers

Chapter 11 expand

Impartial Examiners—A Guide to Section 11A Practice

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

Chapter 12 expand

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

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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

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

Chapter 14 expand

Appeal Practice Before the Department of Industrial Accidents and the Courts

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

Chapter 15 expand

Scientific Evidence and the Use of Lanigan and Daubert

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

Chapter 16 expand

Use of the Department’s Vocational Rehabilitation Component

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

Chapter 17 expand

Utilization Review in Massachusetts

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

Chapter 18 expand

Alternative Dispute Resolution in Workers’ Compensation Cases

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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

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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

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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

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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

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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

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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

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

Chapter 25 expand

The View from the Bench at Conference and Hearing

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

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