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PART I
TITLE XXI
CHAPTER 152
Massachusetts Laws
Massachusetts Constitution
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PART I
ADMINISTRATION OF THE GOVERNMENT
(Chapters 1 through 182)
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TITLE XXI
LABOR AND INDUSTRIES
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CHAPTER 152
WORKERS' COMPENSATION
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Section 1
Definitions
Section 2
Powers and duties of department; investigation of causes of injuries
Section 2A
Application of amendments of statute
Section 3
Repealed, 1921, 462, Sec. 8
Section 4
Repealed, 1985, 572, Sec. 15
Section 5
Rules and regulations
Section 6
Notice of injuries; forms; additional reports; statistical summaries
Section 6A
Informational brochures; monitoring of benefits; resolution of disputes
Section 6B
Disposition of fines
Section 7
Commencement of payments
Section 7A
Presumptions; employee unable to testify
Section 7B
Admissibility of, or reference to, statement given insurer or self-insurer by claimant or in his behalf
Section 7C
Representation of claimants; compensation; denial or suspension of right to practice or appear
Section 7D
Repealed, 1979, 67
Section 7E
Repealed, 1985, 572, Sec. 20
Section 7F
Record of filing fees, penalties and attorneys’ fees
Section 7G
Documentation attached to claims
Section 8
Termination or modification of payments
Section 8A
Repealed, 1985, 572, Sec. 22
Section 9
Repealed, 1985, 572, Sec. 23
Section 9A
Physicians engaged to testify or depose for employee; fees paid by insurer
Section 9B
Repealed, 1947, 286
Section 10
Claims for benefits; complaints requesting modification or discontinuation of benefits; conciliation
Section 10A
Assignments of cases; conferences; orders; appeals
Section 10B
Arbitration; agreements; proceedings
Section 10C
Collective bargaining agreements; binding obligations and procedures
Section 11
Hearings; evidence; continuances
Section 11A
Impartial medical examiners
Section 11B
Procedure for hearings; depositions; record of proceedings
Section 11C
Appeals to reviewing board
Section 11D
Earnings reports by employees; recovery of overpayments
Section 12
Enforcement of orders; appeals from decisions of reviewing board; costs; reported questions; copies of judgments
Section 12A
Award of costs and attorney’s fees
Section 13
Rate of payment by insurers; review of clinical health care providers; health care services board
Section 13A
Attorney’s fees for employees
Section 14
Actions not based on reasonable grounds; illegal or fraudulent conduct; costs and penalties
Section 14A
Employee leasing companies
Section 15
Liability of person other than insured
Section 15A
Controversy as to which of two or more insurers is liable
Section 16
Subsequent findings discontinuing compensation; finality
Section 17
Enforcement of orders or decisions
Section 18
Independent and sub-contractors; liability of insurer and others
Section 19
Agreements by parties
Section 19A
Repealed, 1948, 158
Section 19B
Repealed, 1948, 157
Section 20
Hospital records as evidence; medical records and reports open to inspection
Section 20A
Copies of reports of medical examinations furnished employees; reports as evidence
Section 20B
Medical reports of disabled or deceased physicians as evidence
Section 21
Notice by insured to employees
Section 22
Notice by insured to new employees; notice of cessation of insurance; filing copy
Section 23
Release of claims or demands at common law
Section 24
Waiver of right of action for injuries
Section 25
Insurer’s liability on judgment for employee
Section 25A
Purchase of insurance; self-insurance; reinsurance; deductibles
Section 25B
Applicability of statute relating to insurance and self-insurers; employer bringing employees within statute
Section 25C
Failure to provide for payment of compensation; stop work orders; penalties; liens; actions brought by losing bidders; civil actions for violations of chapter
Section 25D
Service companies; investigation, adjustment or settlement of claims for self-insurers
Section 25E
Self-insurance groups; definitions
Section 25F
Certification to act as self-insurance group
Section 25G
Application for certificate; requirements; issuance
Section 25H
Termination of certificate
Section 25I
Examination of affairs, transactions, accounts, records and assets of each group
Section 25J
Boards of trustees
Section 25K
Applications for membership; cancellation of members; insolvency or bankruptcy of members
Section 25L
Solicitation of membership by licensed agents
Section 25M
Misrepresentations or omissions in solicitations of membership
Section 25N
Performance reports; statements of financial condition
Section 25O
Uniform classification system; premium contributions; application to make own rates; audits
Section 25P
Refunds
Section 25Q
Premium payment plans; loss reserves; bad debt reserves
Section 25R
Deficiencies; assessments; liquidation of groups
Section 25S
Penalties
Section 25T
Cease and desist orders
Section 25U
Revocation of certificates of approval
Section 26
Injuries arising out of and in course of employment
Section 26A
Suicide
Section 26B
Concurrent service of two or more employers; joint and several liability of insurers
Section 27
Willful misconduct of employee
Section 27A
False representation of physical condition by employee; right to benefits
Section 28
Wilful misconduct of employer; defense; reimbursement of insurer; employment of minor; mentally retarded persons; injuries at sheltered workshops
Section 29
Required period of incapacitation; personnel actions
Section 30
Adequate and reasonable health care services; preferred health care provider
Section 30A
Medical reports
Section 30B to 30D
Repealed, 1986, 662, Sec. 28
Section 30E
Development of voluntary agreements
Section 30F
Identification of cases in which vocational rehabilitation services may be required
Section 30G
Meetings with injured employees requiring vocational rehabilitation services
Section 30H
Applications for vocational rehabilitation services
Section 30I
Availability of new jobs and job training programs
Section 31
Death; compensation for dependents; hearings
Section 32
Persons presumed dependent on employee; division of benefits and payments for children of former marriage; parent surviving dependent parent; dependency determined by facts; division of benefits
Section 33
Burial expenses
Section 34
Total incapacity; compensation
Section 34A
Permanent and total incapacity; compensation
Section 34B
Review date; supplemental benefits to Sec. 31 or 34A
Section 35
Partial incapacity; compensation
Section 35A
Added compensation for dependents; payment; presumed dependents; dependency determined by facts
Section 35B
Return to work; subsequent injury; rate of compensation
Section 35C
Date of eligibility; benefits applicable; adjustments
Section 35D
Computation of weekly wage
Section 35E
Persons eligible for old age benefits or pension; entitlement to benefits under Sec. 34 or 35
Section 35F
Repealed, 1991, 398, Sec. 67
Section 36
Specific injuries
Section 36A
Death before full payment of compensation for specified injuries; brain damage
Section 36B
Unemployment compensation benefits; eligibility
Section 37
Compensation for disability subsequent to physical impairment; reimbursement
Section 37A
Compensation for disabled war veteran; reimbursement
Section 38
Consideration of employee’s savings, insurance and other benefits
Section 39
Payment of compensation payable in case of death; payment of expenses and for legal services
Section 40
Guardian or next friend exercising employee’s rights
Section 41
Notice of proceedings for compensation; limitation of actions
Section 41A
Repealed, 1985, 572, Sec. 51
Section 42
Notice in general
Section 43
Service of notice
Section 44
Inaccuracies in, and want of, notice
Section 45
Examination by physician; filing copy of report; refusing or obstructing examination; reimbursement of travel expenses and wages
Section 46
Waiver of rights to compensation; arbitration
Section 46A
Reimbursement for accident and health insurance benefits paid on compensable injuries; lien of insurers, et al., against award; child support claims
Section 47
Assignments; attachments; liability for debts
Section 48
Lump sum agreements
Section 49
Claim in general
Section 50
Interest on unpaid claims
Section 51
Natural increase considered in determining weekly wages
Section 51A
Decision in compensation case; law in effect
Section 52
Repealed, 1987, 691, Sec. 13
Section 52A
Repealed, 1957, 301
Section 52B
Priority of premiums and interest charges over other claims
Section 52C
Rating organizations in general; subscribers; co-operative activities; rates; freedom of contract
Section 52D
Appeal from action or decision of rating organization; rating information
Section 52E
Violation of statutes; failure to comply with commissioner’s orders; suspension and revocation of licenses
Section 52F
Hearing on order or decision of commissioner; suspension or postponement of action; review; stay of order or decision
Section 52G
Partial invalidity of statute
Section 53
Mutual companies; distribution of risks into groups
Section 53A
Classification of risks and premiums; distribution of premiums among employers
Section 54
Repealed, 1923, 139, Sec. 1
Section 54A
Necessity of insurance contract insuring payment of compensation
Section 55
Approval of policy by commissioner; review; issuance of policy in violation of statute
Section 55A
Mid-term notice of cancellation
Section 56
Joint and several policies
Section 57
Deposits of value of outstanding claims under contracts
Section 58
Computation of value of claims
Section 59
Holding deposits in trust; payment of claims; transfer to trustee; accounts; refunds; return of balance
Section 60
Effect of appointment of receiver on order, deposit or payments; deposit by receiver
Section 60A
Review, suspension and reduction of order requiring deposit
Section 60B
Liability for expenses for custody and disbursement of deposit; determination; deduction from deposit
Section 60C
Failure to comply with order requiring deposit; certificate authorizing resumption of issuance of policies
Section 60D
Forfeiture for failure to comply with order requiring deposit; issuance of policy while in default; enforcement of order, fine or forfeiture
Section 61
Bond for foreign company; other security
Section 62
Deposits by foreign companies; payment of obligations
Section 63
Insurance company information requested by department; rating organizations; notices furnished by companies
Section 64
Insurer's regulations for prevention of injuries; review; inspector's access to premises
Section 65
Special Fund; Trust Fund; assessment base; assessment rates; payments; reports; audits
Section 65A
Designation of insurer to issue policy; equitable distribution of risks; servicing carriers; service fees
Section 65B
Cancellation or termination of policy; review
Section 65C
Equitable distribution of losses; reinsurance pools; necessity of membership; plan of operation; cost containment programs
Section 65D
Issuance of policy to employer assigned to another insurer
Section 65E, 65F
Repealed, 1990, 462, Sec. 5
Section 65G
“Losses incurred” defined; determination of amounts to be paid
Section 65H
Adjustment of payments
Section 65I
Primary liability to pay benefits
Section 65J
Inspection of risks; rules
Section 65K
Appeal on ground premium is unreasonable or discriminatory; effect of determined rates
Section 65L
Failure of insurer to comply with statutes, order or rule; revocation or suspension of licenses; injunction
Section 65M
Review of orders or rulings; time; suspension and stay of order or rulings
Section 65N
Repealed, 1973, 855, Sec. 6
Section 65O
Employer’s choice of insurance agent or broker; commission fees; service fees
Section 66
Actions for injuries sustained by employees; limitations; defenses
Section 67
Application to insureds and employers having right of election, of statutes relating to defenses to actions
Section 68
Applicability of statutes relating to employers’ liabilities
Section 69
Commonwealth, counties, cities, towns and districts in general; members of a police or fire force in work under a contract
Section 69A
Repealed, 1992, 133, Sec. 507
Section 69B
Vouchers; examinations and investigations; reports
Section 70
Procedure and jurisdiction; compensation paid by commonwealth and its subdivisions
Section 71
Liability of county, city, town or district for employee’s injuries
Section 72
Employee claiming or waiving rights against county, city, town or district
Section 73
Election to receive compensation or pension; retirement boards; prosecuting claims; attorney; notice to boards; special pensions
Section 73A
Employment of partially disabled employee; temporary employment to fill vacancy
Section 74
Application of statutes to all public employees; inmates of institutions; employees of boards or commissions and welfare districts
Section 74A
Employee of one governmental unit or electric company aiding another unit or company; reimbursement of compensation
Section 75
Agents designated to furnish benefits and carry out statutes
Section 75A
Preferences for hiring
Section 75B
Qualified handicapped persons; discrimination against employees exercising rights under this chapter; disclosure of data
Section 76
Repealed, 1955, 234, Sec. 1
Section 77 to 85
Repealed, 1950, 220
Section 86
Public employees; certified copy of order, decision, or agreement mailed to public employee retirement administration commission, etc.
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