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Massachusetts Appellate Court Concludes Lower Court Failed to Perform Complete Work Capacity Analysis
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Massachusetts Appellate Court Rejects Insurer’s Challenge to Benefits and Medical Expenses Reimbursement Award to Injured Officer
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A Recent Massachusetts Appellate Opinion Highlights the Importance of Complying with Deadlines in PIP Insurance Claims
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Massachusetts Appellate Court Reverses Denial of Penalties Against Insurer That Failed to Pay Reimbursements for Prescription Medications
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Massachusetts Court Finds No Error in Judge’s Conclusion that Employee’s Decision to Retire Was Related to Ongoing Work Injuries
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Massachusetts Court Holds Administrative Law Judge Did not Err in Adopting Independent Medical Examiner Opinion or Disregarding Vocational Expert Opinion
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Massachusetts Appeals Court Reverses Decision Denying Psychiatric Injury Benefits after Finding that Lower Court Failed to Review Relevant Medical Records
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Massachusetts Appellate Court Upholds Award of Permanent and Total Incapacity Benefits for Injured School Teacher over Employer’s Chal
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Massachusetts Court Reverses Denial of Benefits in Back Injury Case for Failure to Properly Assess Employee’s Credibility
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Massachusetts Court Upholds Award of Benefits to Injured Machine Operator over Insurer’s Normal Wear and Tear Challenge
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Massachusetts Court Discusses Workers’ Compensation Claim Involving Allegations of Bias Against Judge in Conducting a Work Capacity Analysis
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Massachusetts Appellate Court Upholds Lower Court’s Reliance on Independent Medical Examination Report as Prima Facie Evidence
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Massachusetts Appellate Court Reveres Decision Denying Injured Worker Compensation for Work-Related Shoulder Surgery
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Massachusetts Appellate Court Remands Termination of Benefits After Identifying Inconsistent Medical Findings in Lower Court’s Decision
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Massachusetts Appellate Court Remands Appeal Upon Finding that the Lower Court Improperly Calculated Injured Worker’s Earning Capacity
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Injured Worker Receives Full Amount of Benefits Possible in Foot Injury and Psychiatric Injury Claim
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Massachusetts Appellate Court Considers Whether Work-Related Neck Injury Claim is Barred by the Statute of Limitations
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Massachusetts Appellate Court Denies Insurer’s Request to Discontinue or Modify Benefits in Car Accident Injury Claim
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Massachusetts Appellate Court Reviews Claim for Psychiatric Injury Benefits in Apartment Maintenance Aide Claim
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Mass. Appellate Court Upholds Award of Benefits and Surgical Expenses Reimbursement for Construction Worker who Suffered Multiple Injuries over a Decade
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Massachusetts Appellate Court Reverses Award of Benefits to Injured School Cafeteria Worker Based on Inconsistent Medical Report Findings
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Massachusetts Appellate Court Upholds Benefits Awarded to Man with Multiple Existing Construction-Related Injuries Over Insurer’s Objection Based on Willful Misconduct
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Massachusetts Appellate Court Upholds Denial of Benefits to Man Injured in Workplace Altercation Based on History of Back Problems
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Massachusetts Appellate Court Affirms Decision Finding Injured Man Capable of Working 30 Hours Per Week Following Job-Related Car Accident
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Massachusetts Appellate Court Denies Request for Compensation for Nursing Home Expenses in Work-Related Amputated Leg Injury Claim
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Massachusetts Department of Industrial Accidents Reverses Decision Awarding Benefits to Employee Injured in Slip and Fall Accident, Based on Lack of Sufficient Evidence
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Massachusetts Reviewing Board Reverses Determination that Personal Care Assistant Can Perform Light Duty Work After Back Injury
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Massachusetts Reviewing Board Reverses Denial of Additional Benefits in Permanent Hearing Loss Benefits Claim
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Massachusetts Reviewing Board Upholds Award of Benefits to Worker who Suffered Neck Injury Over Challenge from Insurer that the Claim was Time-Barred
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Massachusetts Court Upholds Award of Permanent and Total Disability Benefits to Employee Injured in Psychiatric Ward Attack
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Massachusetts Appellate Court Requires Insurer to Pay for Pain Medications After Employee Accepts Lump Sum Settlement for Elbow Injury
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Massachusetts Appellate Court Approves Award of Total Incapacity Benefits in Case Involving Pre-Existing Neck Injury
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Massachusetts Appellate Court Upholds Award of Physical and Mental Disability Benefits Over Insurer’s Challenge
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Massachusetts Appellate Court Upholds Order Denying Modification or Termination of Workers’ Compensation Benefits
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Massachusetts Appellate Court Reverses Order Granting Termination of Temporary Total Incapacity Benefits Based on Unreviewed Evidence
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Massachusetts Restaurateur Sentenced for Multiple Fraud Schemes, Including Workers’ Compensation Fraud
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Massachusetts Department of Industrial Accidents Issues Ruling on Proper Amount for Employee’s Average Weekly Wage
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Changes in Workers’ Compensation Options Highlight Boston’s Gig Economy for Independent Contractors
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Massachusetts Supreme Judicial Court Rules that Suspended Employees are Eligible for Workers’ Compensation
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Massachusetts Law Concerning Workers’ Compensation for Boston Employees Versus Contractors
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Boston Workers with Settled Workers’ Compensation Claims May Receive Benefits of Pilot Program Instituted to Reduce Drug Addiction
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Massachusetts Review Board Reassigns Case After Judge Adopted Inconsistent Medical Evidence and Mischaracterized Evidence in Support of Findings
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Boston Behavioral Health Facility Cited Over $200K in Fines by OSHA for Exposing Employees to Workplace Dangers and Harm
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Causation Established When Insurer Failed to Appeal Order Awarding Burial Benefits Granted by Massachusetts Judge
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Boston Workers Suffering from Carpal Tunnel Syndrome May Be Entitled to Benefits
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Consistent with Appellate Practice, Massachusetts Review Board Upholds Conference Order Awarding Employee’s Average Weekly Wage
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Massachusetts Review Board Affirms Decision in Favor of Employee Traveling Home, Holds “Going and Coming” Rule Does Not Bar Compensation
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Massachusetts Workers’ Compensation Judge Misstated Medical Complexity Standard, But Employee Not Entitled to Costs for Hip Replacement Because no Abuse of Discretion
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Interest Does not Accrue for Employee who Filed an Earlier, Unresolved, but Related Workers’ Compensation Claim, According to Massachusetts Court
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Successive Insurer Rule Applies, Massachusetts Review Board Finds Second Employer Must Compensate Employee for Shoulder Injury
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Massachusetts Worker Not Entitled to Benefits, According to Reviewing Board, Due to His Own Misconduct
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Reviewing Board Holds Massachusetts Worker Not Entitled to Ongoing Benefits for Mental Disability that He Alleged was Caused by Work Events Ten Years Before
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Reduced Worker’s Benefits Award Addressed and Rectified Earlier Omission by Judge; Massachusetts Appellate Court Upholds Decision
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Discrepancy Between Employee’s Statements and Judge’s Findings Required Recommital of Case, According to Massachusetts Reviewing Board
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Massachusetts Workers’ Compensation Judge Failed to Consider Parties’ Additional Medical Evidence at Hearing; Reviewing Board Vacates Decision Denying Employee Benefits
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Injured Employee Entitled to Continuing Benefits, Since Insurer Failed to Meet Burden of Showing Medical Condition Improved According to Massachusetts Law
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Massachusetts Reviewing Board Holds that Judge’s Modification of Benefits Award was not Grounded in Medical Evidence
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Judge Made Inconsistent Findings Regarding Employee’s Psychological Harm; Massachusetts Reviewing Board Finds Errors Were not Harmless
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OSHA Cites Boston, Massachusetts Seafood Wholesaler for 20 Serious Violations After Employee Suffered Fatality from Ammonia Leak
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Supreme Judicial Court Holds that Massachusetts Insurers Insolvency Fund can Recoup Costs from Bank for Workers’ Compensation Claim
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Department of Industrial Accidents Review Board Holds that When Bondholder Runs Out of Funds to Pay Benefits, Employee’s Widow Remains Protected by Massachusetts Workers’ Compensation Law
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Successive Insurance Rule Appropriate; Massachusetts Department of Industrial Accidents Reviewing Board Upholds Insurance Coverage for Employee’s Repetitive Injury to Right Shoulder
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Massachusetts Supreme Judicial Court Rules in Favor of Injured Employee Because Workers’ Compensation Lien Does Not Apply to Damages for Pain and Suffering
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Maximum Partial Incapacity Benefits Awarded to Massachusetts Employee in Reviewing Board Decision, Based on Policy Considerations Not to Deny Benefits to Seriously Injured Workers
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Massachusetts Reviewing Board Awards Total Incapacity Workers’ Compensation Benefits to Employee Based on Combination of Previous Work-Related Injuries and Industrial Incident
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Change in our country’s amusement park industry needed after death of a 10 year old boy riding a water slide
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Company that runs Boston based Duck Tours changes safety procedures in response to recent death of a women struck by a duck boat
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Study shows more Americans are driving in an angry, aggressive and engaged manner which can lead to motor vehicle accidents.
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The Law Offices of Michael O. Smith has been named as one of the best personal injury lawyers in Boston for 2016
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Victim struck by another driver without insurance recovered $100,000.00 by filing an “Uninsured” (UM) claim with their own Auto Insurance Company
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Furniture Company fined 123K due to multiple health and safety violations
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Pickup truck plows into bicyclists killing 5 and injuring others
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Attorney Michael O. Smith has been named as one of the top 100 Litigation attorneys in Massachusetts by ASLA
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Top 10 list of items to consider if you sustained a Workers Compensation Injury
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Employer Pier 1 Imports fined $86,000.00 by OSHA for multiple safety hazards
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Massachusetts is behind other New England States when it comes to legislation banning hand held cell phone use while driving.
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Newly Licensed drivers are much more likely to cause car crashes
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Study finds there can be benefits for injured workers and insurers when a nurse case manager is assigned to a workers compensation case
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Shipyard Employer cited over $100,000.00 by OSHA after finding many serious workplace safety hazards
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The Massachusetts Department of Transportation conducted a study of Cape Cod Traffic in an effort to reduce motor vehicle accidents
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Rollover vehicle crashes kill hundreds of truck drivers and other vehicle occupants every year
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State Lawmakers are pushing for prison time for cell phone using distracted drivers involved in fatal motor vehicle accidents
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Pharmacy Chain is being sued after causing injuries to a customer from filling the incorrect medication
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Massachusetts Superior Court Judge finds a Plaintiff may proceed with a Negligent Security Claim after being injured from an Altercation during a Bruins Hockey Game
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New England State Considers Revoking Seatbelt Law
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Navigating the complex process of filing a workers compensation claim in Massachusetts
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Family of a 4 year old boy files lawsuit after an attack by a neighbor’s put bull that caused severe injuries
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Furniture plant is fined over $1.7 Million Dollars by OSHA due to multiple serious and willful violations causing worker injuries
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New Massachusetts Ruling Protects Injured Parties from Defendants Who Destroy Surveillance Footage of the Incident
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Defective Axe Manufacturer’s Settlement with Prosecutors may help with injured Victim Claims
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Family of victim in fatal car accident sues other driver, as well as other parties including auto manufacturer
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The Law Offices of Michael O. Smith is pleased to announce a new office address
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Northeastern cities such as Boston, Springfield and Worcester Massachusetts have the most car accidents in the US
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Ex National Hockey League Players filed a class action Lawsuit against the league over concussion injuries
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Victim of a motor vehicle accident awarded $22 Million from Allstate Insurance
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Widow from Texas involved in a year long battle with a Workers Compensation Carrier regarding the Death of her Husband
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Commerce Insurance, the largest Auto Insurer in the state of Massachusetts, is caught overcharging its customers for motorcycle insurance and agrees to pay over $15 Million in damages
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a Massachusetts Jury Awarded over $16.7 Million in damages to the daughter of a mother who died of cancer. The daughter brought suit against a hospital for failure to diagnosis lung cancer.
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General Motors announces a recall of 8.4 million cars worldwide due to deaths from crashes as a result of a faulty ignition
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Woman sues a Yoga Studio under the theory of premesis liability after a mirror falls on her while taking a class and causes extensive injuries requiring emergency surgery
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Man drowns while in the custody of a state police trooper
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A workers compensation insurance company is ordered to cover the cost of medical marijuana to treat a chronic back injury of a worker in New Mexico
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Two workers are killed within a 6 month timespan at Amazon warehouses causing questions about employee safety
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A women from Connecticut was recently awarded $12 Million dollars by a jury as a result of a medical malpractice claim
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Hummus plant in Massachusetts given over $500,000.00 citation by OSHA for ignoring safety standards after worker death
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Man Struck a Utility Pole in a Single Motor Vehicle Accident in Billerica, Massachusetts
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Mine Explosion killed hundreds of workers in Turkey. This is another tragic example of work related deaths
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Settlement of over $100 million reached with victims who received contaminated steriod injections from a Framingham Massachusetts Company
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A Steel Company is cited for over 100 safety and health violations by the US Department of Labor Occupational Safety and Health Administration (OSHA) and pays a $2.4 million fine
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Tips on how to make the proceedure of handling a car crash insurance claim easier
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A landlord can be held strictly liable of injuries caused by violations of the Massachusetts Building Code
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A Massachusetts Court determined an Insurance Company cannot deny payment of ER services related to an auto accident just because the injured party did not return the PIP Application
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Massachusetts truck company tries to avoid paying higher insurance premiums arguing employees are independent contractors
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Middlesex Superior Court awards double damages against an insurance company who improperly defended a claim for bodily injury benefits in a pedrestrian accident
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US District Court Judge denies claim for Accidental Death Benefits after a Motor Vehicle Crash
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Substantial Inconsistencies Can Undermine Your Credibility In A Massachusetts SSDI Case
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Landowner Liability in Personal Injury Lawsuit Against a Massachusetts City
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Wage Enhancement in Massachusetts’ Workers’ Compensation Cases
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Factory explosion on February 10th, 2013 causes serious and critical injuries to 15 New Hampshire workers
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Psychiatric and Emotional Injuries in Massachusetts
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Massachusetts Workers’ Compensation: “The Going and Coming Rule”
Boston Workers Compensation Attorney Blog