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

The Path to Legalization in Massachusetts: An Advocate’s Account

Buy Chapter

Richard M. Evans, Esq., Law Offices of Richard M. Evans

Chapter 2 expand

Regulatory Considerations Applicable to the Licensing and Operation of Marijuana Establishments

Buy Chapter

Adam D. Fine, Esq., Vicente LLP

Chapter 3 expand

Land Use Considerations for Cannabis Business Development

Buy Chapter

Valerio G. Romano, Esq., VGR Law Firm LLC

Checklist 3.1

- Steps for Identifying Potential Zoning Issues Relative to Cannabis Business Zoning Buy Form

Checklist 3.2

- Steps for Adopting or Amending Unfavorable Zoning Ordinances or Bylaws Relative to Cannabis Business Zoning Buy Form

Exhibit 3A

- G.L. c. 140A, § 5: Adoption or Change of Zoning Ordinances or By-laws; Procedure Buy Form

Chapter 4 expand

Corporate Issues Related to Cannabis Law

Buy Chapter

Scott H. Moskol, Esq., Burns & Levinson LLP
Frank A. Segall, Esq., Burns & Levinson LLP

Chapter 5 expand

Business and Taxation of Cannabis

Buy Chapter

Mitzi S. Keating, Citrin Cooperman

Chapter 6 expand

Business Policy Related to Cannabis

Buy Chapter

Shanel A. Lindsay, Esq., Ardent Cannabis
Laury C. Lucien, Esq., Major Bloom

Chapter 7 expand

Hemp and Hemp-Derived Cannabinoid Issues

Buy Chapter

Shawn Hauser, Esq., Vicente Sederberg

Exhibit 7A

- Hemp Industries Association v. Drug Enforcement Administration Buy Form

Exhibit 7B

- DEA Internal Directive Regarding the Presence of Cannabinoids in Products and Materials Made from the Cannabis Plant Buy Form

Exhibit 7C

- Proposed Rule for Establishment of a New Drug Code for Marihuana Extract Buy Form

Exhibit 7D

- Statement by Former FDA Commissioner Scott Gottlieb, M.D., on the Importance of Conducting Proper Research to Prove Safe and Effective Medical Uses for the Active Chemicals in Marijuana and Its Components Buy Form

Exhibit 7E

- FDA Regulation of Cannabis and Cannabis-Derived Products, Including Cannabidiol— Questions and Answers Buy Form

Exhibit 7F

- Hemp Industries Association et al. v. DEA, et al. Amicus Curiae Brief No. 17-70162 (Jan. 18, 2018) Buy Form

Chapter 8 expand

The Impact of Federal Law and Policy on State-Compliant Cannabis Commerce and Employment

Buy Chapter

Michael D. Cutler, Esq.,

Appendix A expand

General Laws Chapter 94G—Regulation of the Use and Distribution of Marijuana Not Medically Prescribed

Buy Chapter

Appendix B expand

935 C.M.R. 500.000—Adult Use of Marijuana

Buy Chapter

Editor(s)

Author(s)