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 01 expand

An Introduction to Trial Advocacy

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Robert J. Muldoon, Jr., Esq.,

Chapter 02 expand

Preparing for Civil Trial in Massachusetts

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John Kenneth Felter, Esq.,

Checklist 2.1

- Witness Preparation Checklist Buy Form

Checklist 2.2

- Questions to Ask About the Judge Who Will Preside Over Your Upcoming Trial Buy Form

Checklist 2.3

- Sample Objection Reference Sheet Buy Form

Exhibit 2A

- Sample Trial Budget Buy Form

Exhibit 2B

- Massachusetts Superior Court Seventh Amended Standing Order 1-88 (“Time Standards”) Buy Form

Exhibit 2C

- Sample Trial Task List and Schedule Buy Form

Exhibit 2D

- Sample Exhibit List Buy Form

Exhibit 2E

- Sample Order of Proof Chart Buy Form

Exhibit 2F

- Sample Motion for a View Buy Form

Exhibit 2G

- Sample Motion to Conclusively Establish Facts Based upon Judicial Admissions Buy Form

Exhibit 2H

- Sample Motion to Exclude Character Witnesses Buy Form

Exhibit 2I

- Sample Trial Memorandum on Leading Questions Buy Form

Exhibit 2J

- Bibliography Buy Form

Chapter 03 expand

Jury Selection

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Joseph D. Lipchitz, Esq., Saul Ewing LLP
Kelsey M. Westrich, Esq., Saul Ewing LLP

Chapter 04 expand

Opening Statement

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Michael B. Keating, Esq., Meehan, Boyle, Black & Bogdanow, PC

Chapter 05 expand

Introduction of Evidence

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Andrew R. Levin, Esq., ArentFox Schiff LLP

Checklist 5.1

- Practical Suggestions for Organizing Your Presentation of Evidence Buy Form

Chapter 06 expand

Objections

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Jeffrey C. Melick, Esq., Kajko, Weisman & Colasanti LLP

Exhibit 6A

- Common Objections to Documentary Evidence Buy Form

Exhibit 6B

- Some Common Objections to Testimony Buy Form

Chapter 07 expand

Direct Examination

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Carol A. Starkey, Esq., Conn Kavanaugh Rosenthal Peisch & Ford LLP

Checklist 7.1

- Common Pretrial Issues in Criminal Cases Buy Form

Checklist 7.2

- Rules for Witnesses Facing Cross-Examination Buy Form

Checklist 7.3

- Preparing Your Witness for Trial Buy Form

Checklist 7.4

- Common Objections and Issues in the Use of Digital Photography Buy Form

Checklist 7.5

- Common Objections and Issues: Use of Video Buy Form

Checklist 7.6

- Common Objections and Issues: Points of View in Computer Simulations Buy Form

Checklist 7.7

- Common Objections and Issues: Illustrative Aids in General Buy Form

Exhibit 7A

- Proposed Model Jury Instructions on the Use of Technology and Social Media Buy Form

Exhibit 7B

- Sample Exhibit List Buy Form

Chapter 08 expand

Cross-Examination

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David L. Ferrera, Esq., Nutter McClennen & Fish LLP

Exhibit 8A

- Resources Buy Form

Chapter 09 expand

Examination of Experts

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Audrey Poore Joyce, Esq., Jones Kelleher LLP

Exhibit 9A

- Suggested Forms for Opinion Questions Buy Form

Chapter 10 expand

Closing Argument—Plaintiff’s Perspective

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Stacey L. Pietrowicz, Esq., Sugarman and Sugarman, PC

Exhibit 10A

- Closing Argument Excerpt: Sympathy Versus Justice Buy Form

Exhibit 10B

- Closing Argument Excerpt: Numerous Ways Injury Could Have Been Prevented Buy Form

Exhibit 10C

- Closing Argument Excerpt: Defendant’s Motive in Medical Negligence Case Buy Form

Exhibit 10D

- Closing Argument Excerpt: “Saving Something for Closing” Buy Form

Exhibit 10E

- Closing Argument Excerpt: Contradictions in Defense Theory Buy Form

Exhibit 10F

- Closing Argument Excerpt: Damages for Permanent Disability Buy Form

Exhibit 10G

- Closing Argument Excerpt: Damages in Death Case Buy Form

Exhibit 10H

- Closing Argument Excerpt: Defendants Blaming Each Other and Plaintiff Buy Form

Chapter 11 expand

Closing Argument—Defendant’s Perspective

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William J. Dailey, III, Esq., Sloane and Walsh LLP
Gail M. Ryan, Esq., Sloane and Walsh LLP
John P. Ryan, Esq., Sloane and Walsh LLP

Checklist 11.1

- "Do’s” and “Don’ts” for Closing Argument Buy Form

Exhibit 10I

- Closing Argument Excerpt: Products Liability (Unguarded Machine) Buy Form

Chapter 12 expand

Trial Motion Practice

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Jeffrey C. Melick, Esq., Kajko, Weisman & Colasanti LLP

Chapter 13 expand

Damages—Plaintiff’s Perspective

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Michael B. Bogdanow, Esq., Meehan, Boyle, Black & Bogdanow, PC
Robert Foster, Esq., Meehan, Boyle, Black & Bogdanow, PC

Chapter 14 expand

Damages—Defendant’s Perspective

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Stephen M. O'Shea, Esq., Martin, Magnuson, McCarthy & Kenney

Checklist 14.1

- Checklist for Deposition of Plaintiff Buy Form

Exhibit 11A

- Examples of Closing Argument Buy Form

Exhibit 14A

- Letter, Application for Court Order, and Proposed Court Order Pursuant to Superior Court Rule 13 Buy Form

Exhibit 14B

- Notice Letter to Counsel and Keeper of Records Subpoena for Medical Records Buy Form

Exhibit 14C

- Notice Letter to Counsel and Keeper of Records Subpoena for Health Insurance Records Buy Form

Exhibit 14D

- Subpoena for 30(b)(6) Deposition of Plaintiff’s Employer Buy Form

Exhibit 14E

- Keeper of Records Subpoena to Workers’ Compensation Insurer Buy Form

Chapter 15 expand

Trial Advocacy in Criminal Defense

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Cathleen L. Bennett, Esq.,
Matthew J. Fleischner, Esq., Committee for Public Counsel Services

Checklist 15.1

- Step-by-Step Checklist: Prepare to Be an Effective Advocate for Your Defendant-Client at Trial Buy Form

Chapter 16 expand

Mediation and Arbitration

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Joseph S. Berman, Esq., Office of the General Counsel, Massachusetts Board of Bar Overseers
Michelle R. Yu, Esq., Office of the General Counsel, Massachusetts Board of Bar Overseers

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