COVID-19 Notice - We remain here for you and can answer any questions or concerns you may have. Learn More »
Justia Lawyer Rating
Badge - Massachusetts Bar Association
Badge - 2014 Top 40 Lawyer Under 40 ASLA
Badge - American Bar Association, Defending Liberty Pursuing Justice
Badge - American Association for Justice
Badge - Avvo Rating 10, Michael O Smith, Top Attorney
Badge - BBB Accredited Business
Badge - 10 Best Client Satisfaction, American Institute of Legal Counsel
Badge - Massachusetts Academy of Trial Attorneys
Badge - Rated by Super Lawyers 2019
Expertise

One of the key steps in any workers’ compensation claim is determining whether you are able to return to work and the level of work that you are able to perform. This is known as a vocational analysis. If you are not able to return to the same level of work that you performed prior to your injury, you may be able to perform some type of light-duty work. This will then offset any benefit payments that you receive. In some instances, a judge may improperly conclude that your ability to work is much higher than it actually is. This can wreak havoc on your ability to receive the financial support that you deserve while also putting you in a challenging position professionally. Mass Injury Group’s Boston workers’ compensation lawyers are standing by and ready to assist you with ensuring that you are treated fairly in the workers’ compensation claims process.

Recently, the Massachusetts appellate court considered a dispute in a workers’ compensation claim regarding a vocational analysis. The worker was performing labor on a roof when a sheet of plywood was caught in a gust of wind. He tried to hold on to the board but the wind was very strong. He reported experiencing immediate pain in his shoulder during the incident and went to a nearby medical facility to receive treatment. He returned to work but three weeks later experienced what he described as a popping sensation. He and another worker were moving a bathtub when the other employee fell down. Although he went to the emergency room to seek treatment, he eventually left after he concluded that the wait time was too long.

The man continued to work for eight additional months until he was in so much pain that he could no longer handle working. He went to the hospital in 2010 and filed a claim for benefits through the workers’ compensation system. He then received a diagnosis for his shoulder injury, which was a severe strain, recurrent dislocations, and chronic instability. The doctor that made the diagnosis also prepared a report and concluded that these injuries were the direct outcome of the incident involving the sheet of plywood on the windy day. Diagnosed with a partial disability, the man tried to return to work but found it too painful. He was also unable to pursue other lines of employment due to the pain.

Continue Reading ›

One of the hallmarks of the American justice system is receiving a fair and unbiased trial. It can be incredibly frustrating to feel like the judge presiding over your case is not following the rules or acting in an unbiased manner. On top of figuring out how to navigate the Massachusetts workers’ compensation system, you may have to take steps to correct any bias or impartial conduct from the judge assigned to your case. One way to protect yourself and to make sure that your case is being handled properly is to work with one of our Boston work injury lawyers. Contact us now to learn more about the services that we can provide to you.

In a recent workers’ compensation claim dispute, the insurance company involved in the claim objected to the outcome of a hearing on the basis that the judge acted impartially. In the claim, the injured worker alleged that she hurt her knee and her back in 2014 while at work. She received benefits for a short timeframe after initially filing her claim. An independent medical examiner conducted an exam and issued a report stating that the worker had reached a point called maximum medical improvement. The report further stated that she would only be disabled for another six months. In issue its findings, the court selected sections from three different reports and concluded that the worker’s disability was permanent.

In its appeal, the insurance company stated that the judge’s decision to take pieces from multiple different reports showed impartiality and that the judge was trying to reach the desired outcome that was not based on the entirety of the evidence in the record. The insurance company won its appeal, and the case was remanded for additional proceedings. The judge did not make any modifications to the original decision and disagreed with the appellate court that impartiality was involved in the decision.

Continue Reading ›

If you are hurt at work, it is important to make sure that you get the full amount of benefits that you deserve to cover your expenses and missed wages. The first step to receiving this compensation is to file a claim with the workers’ compensation system in Massachusetts. This process can become complex and overwhelming for people who are new to the system or who are dealing with debilitating injuries. One way to protect yourself and to ensure that you are treated fairly in your claim is to work with a Boston workers’ compensation lawyer. At Mass Injury Group, we are prepared to evaluate your case and help you determine the best way to get the benefits that you deserve.

In a recent claim dispute, a worker who was injured on the job filed a claim seeking compensation for permanent injuries that she sustained. She was exiting her vehicle, which was a large delivery truck when she stepped into a pothole. This caused her to fall and injure her leg. Initially, she received temporary incapacity benefits. Her employer accepted liability for the injury but claimed that the injury was not as severe as the worker was reporting in her claim.

To resolve the dispute about how severe the injury was, the worker underwent an examination with an independent medical examiner. This is a neutral doctor agreed upon by the parties who evaluates an injured worker to determine the nature and extent of the claimed injuries. The independent medical examiner concluded that the worker was experiencing a variety of conditions as a result of the fall including regional pain syndrome and that it was all directly connected to the pothole accident.

Continue Reading ›

If you get hurt while you are working, you can file a workers’ compensation claim to receive benefits for your lost wages and reimbursements for your medical expenses. The claims process can be overwhelming and stressful for some injury victims, especially if they are dealing with painful injuries and major disruptions in their lives. The more complicated your injuries are, the more complicated your claim may be, too. And if you suffer from any pre-existing injuries the insurance companies may try to claim that you are not eligible for benefits because your work injury is not the primary cause of your pain. One of the best ways to protect yourself and make sure that you get treated fairly is to consult with a Boston work injury lawyer. At Mass Injury Group, we are standing by to assist you with a free consultation.

Recently, an injured employee filed a claim for benefits stating that he suffered two separate work accidents that left him with injuries. The first accident affected his shoulder and the second affected his back. He filed a claim for benefits, which his employer’s insurance carrier accepted. It paid benefits to make up for his missed paychecks and reimbursed him for medical expenses related to both injuries. A few months later, however, the insurance company stopped paying benefits. It argued that the man’s injuries were actually due to pre-existing injuries and did not relate to his job duties. It claimed that there was no way that the man could show that there was a causal connection between each injury and the tasks that he was asked to perform at work.

The injured worker then filed a claim for benefits with the Massachusetts workers’ compensation system. The judge determined that only the shoulder injury was related to his job duties. Both the injured worker and the insurer filed an appeal challenging this decision.

Continue Reading ›

The workers’ compensation system in Massachusetts is designed to provide benefits to workers who are injured on the job but what about situations where the employee is traveling to and from work? This is a legal issue that comes up frequently in workers’ compensation claims. Sometimes, an insurance company may even try to deny your claim on the basis that you were injured during a time when you were not technically working. One way to protect yourself and to ensure that you get the full amount of benefits that you deserve is to work with a Boston work injury lawyer. At Mass Injury Group, we will review your injury, help you file your claim, and make sure that you are treated fairly throughout the process.

The Massachusetts Court of Appeal has considered a situation where a workers’ compensation insurance company challenged a claim on the basis that the worker was not on the job when the injury occurred. The man slipped as he was getting out of his truck, which was a vehicle that his employer issued to him, on his way home from work. He hurt his right shoulder as a result of the injury. He had suffered a previous injury to his other shoulder approximately two years earlier while working as a crane operator. He claimed that as he fell, he tucked his injured left shoulder into his body to protect it, which caused him to land on his right shoulder.

The man sought medical treatment for the injury at the emergency room. He was able to go to work the next day but ultimately required surgery for his shoulder. Next, he filed a claim for workers’ compensation benefits for both shoulder injuries. The judge assigned to his case denied treatment for the right shoulder injury and the worker appealed.

Continue Reading ›

There are varying degrees of injuries that can happen at work. While some are relatively minor and will heal over time, others can leave you with permanent disabilities. This is an extremely difficult situation emotionally as well as financially. A permanent disability can require never-ending medical treatment as well as other adjustments in your life such as earning less income or being entirely unable to work. The workers’ compensation system is designed to provide an injured worker with benefits to help cover lost wages and medical expenses. But before you are awarded the benefits that you deserve you have to complete the claims process. Finding out that your insurer is denying your claim or paying less than you deserve can be stressful and overwhelming. At Mass Injury Group, our Boston workers compensation lawyers are standing by to help you make sure that you are being treated fairly.

In a recent case, an employee reported experiencing an injury to his left shoulder while he was at work. He was awarded initial benefits and the insurance company raised a challenge regarding whether his injury was directly related to his job duties or primarily the result of a pre-existing injury. A hearing was held to determine whether the left shoulder injury qualified the man for workers’ compensation benefits. During the hearing, the worker requested compensation to cover the costs of surgery to treat his shoulder injury.

The judge issued a finding stating that the worker had reached maximum medical improvement. This is a diagnosis stating that further medical treatment is unlikely to improve a medical ailment or condition. The judge also concluded that the worker was partially disabled due to the injury. Both parties appealed this finding, claiming that the judge made errors in reaching these conclusions. The employee argued that the judge made a mistake, concluding that the worker had reached maximum medical improvement.

Continue Reading ›

If you are hurt at work, you can file a claim with the workers’ compensation system in Massachusetts to receive benefits for your injuries and lost wages. There are many steps that you will need to take before you are awarded benefits. Unfortunately, some insurers try to fight legitimate claims to avoid having to pay compensation. One way that an insurer may try to dispute your claim is by alleging that you have reached a level called maximum medical improvement. This determination states that your injuries have improved as much as they are going to improve and will not get better with continued treatment. This determination can affect whether you are released to return to work and the benefit payments that you receive. You can learn more about protecting your rights in a workers’ compensation claim proceeding by contacting the Boston work injury lawyers at Mass Injury Group today.

In a recent claim, an appellate court in Massachusetts was asked to decide whether a lower court properly concluded that the injured worker in the case had reached maximum medical improvement. The worker hurt his shoulder in 2013 and suffered another injury to his back the following year, and the insurer for his employer-provided benefit processed payments for each of his injuries. Then, in 2014, the insurer terminated benefit payments. It alleged that the employee’s injuries stemmed from a pre-existing condition and that his job duties were not part of his injuries. After a number of proceedings, the lower court issued a determination that the worker’s shoulder injury had reached maximum medical improvement.

The worker appealed this decision and concluded that the lower court made an error when it decided that his injury would not get better with additional treatment. The appellate court reviewed the evidence in the record, including a report from an independent medical examiner. In the report, the doctor said that the worker had reached an end result for his left shoulder injury. The doctor also said, however, that the injury would benefit from a surgical procedure.

Continue Reading ›

One of the key steps in a workers’ compensation claim is calculating the amount of weekly wages that you earned prior to the accident and the amount of compensation that you may be able to still earn performing different work or light-duty tasks. This figure is used to determine the amount of benefits that you will receive as part of your workers’ compensation support. If the court makes a mistake or uses the wrong information, you could end up receiving less than you actually deserve. For many injured workers, this can have a devastating financial impact on their well-being and family health. Scheduling a consultation with a Boston work injury lawyer to make sure that your rights are protected is one of the best decisions you can make.

Recently, the Massachusetts Court of Appeal issued an opinion in a claim where a full-time public school teacher filed a claim for benefits. The woman hurt her right shoulder performing tasks in her classroom. She informed her supervisors about the injury. Over time, it did not heal, and the pain became more severe until she suffered a severe injury while using a device to cut paper. Despite the injury, the teacher continued her job duties until her retirement in 2010. She reported the paper cutting device injury later in the year.

The teacher filed a claim seeking workers’ compensation benefits, but an issue came up about her earning capacity. The judge determined that the teacher could earn $500 per week. The teacher alleged that the judge assigned a significantly higher earning capacity than necessary and that the record did not include enough evidence to support the finding. The teacher appealed, and the appellate court concluded that the judge made an error. After reviewing the medical evidence in the record and the teacher’s testimony, the appellate court found that there was no change in her condition and that, in fact, her pain persisted.

Continue Reading ›

There are some occupations that put workers in the face of danger each time they clock in. One of these occupations is nursing, particularly if the job requires the nurse to lift heavy patients and assist them with daily tasks like dressing or bathing. Whether it is a sudden accident or the overall wear and tear that this physical demand puts on their bodies, many nurses find themselves with life-long injuries resulting from their work. Our Boston workers’ compensation lawyers are prepared to assist you in determining whether you are entitled to benefits after suffering an on-the-job injury. Call us now to learn more about your rights.

In a recent opinion, an appellate court in Massachusetts considered whether a nursing assistant who was hurt during her employment was entitled to benefits. On one occasion, she was hurt while lifting a patient who weighed 350-pounds into his vehicle. Additionally, she was involved in two car crashes during her career that required extensive medical treatment. The most recent accident happened in 2011 while she was lifting a patient who weighed several hundred pounds with the assistance of other nurses. As a result of this final injury and the other injuries she had sustained, she ultimately decided she was no longer able to work due to the extreme pain that she felt on a regular basis.

Shortly thereafter, she pursued workers’ compensation benefits, but her employer’s insurance carrier rejected her claim. It argued that there were issues with the connection between the injuries she suffered and her job and that prior injuries were the main cause of her pain. The lower court ruled in favor of the nurse and awarded temporary benefits to the nurse, along with medical expenses reimbursements. During another hearing, the judge once again awarded the nurse more benefit payments, and the insurer appealed on the basis of causation.

Continue Reading ›

If you are hurt at work, there are many different defenses and classic arguments that the workers’ compensation insurance company may try to assert against your claim for benefits. This can delay your benefit payments and make an already stressful situation even more intimidating. The insurance company could argue that your injury wasn’t related to your work accident, for example, or that you had a pre-existing injury that is the main cause of your pain and suffering. At Mass Injury Group, our team of Boston workers’ compensation lawyers will help you prepare the strongest case possible to ensure that you receive the benefits and medical expenses reimbursements that you deserve.

An example of how insurers often try to fight claims can be seen in a recent claim dispute. In the claim, the employee fell out of his truck backward and suffered painful injuries to his head, shoulder, and elbows. He was unable to go back to work due to the injury and applied for temporary incapacity benefits. Shortly thereafter, the insurance company filed a claim seeking to modify or discontinue the payments that he was receiving each week. It submitted a copy of a report from an independent medical examiner in support of the request. The judge assigned to the claim determined that the employee was temporarily totally disabled due to the injuries and awarded more benefit payments for the employee instead of granting the insurer’s motion.

The insurer appealed the judge’s award of additional benefits. It argued that the judge did not interpret the report correctly and instead only referred to a temporal relationship between the accident and the injuries. The appellate court was not convinced by this argument and concluded that there was more than enough evidence to support a connection between the accident and the injuries that the employee was experiencing. This included post-concussion syndrome, causalgia, post-traumatic head injury pain, and more. The worker also provided testimony describing some of his symptoms, including memory loss, inability to focus, and dizziness. These symptoms matched the doctor’s diagnosis in the report.

Continue Reading ›

Contact Information