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Articles Posted in Workers’ Compensation

Massachusetts Appeals Court Reviews Ongoing Dispute in 44-Year Old Workers’ Compensation Case
The Law Offices of John C. Manoog III

Like other types of cases involving personal injury or wrongful death, Massachusetts workers’ compensation cases involve a variety of deadlines. For the injured worker, these deadlines typically include the time by which notice must be given and a claim must be filed. Of course, there are also deadlines that may apply to others who may…

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Massachusetts Court Called Upon to Determine Which of Two Workers’ Compensation Insurance Carriers Were Responsible for Construction Workers’ Injuries
The Law Offices of John C. Manoog III

In a Cape Cod workers’ compensation case, the issues can be numerous. Typical issues include the amount of temporary benefits due the worker, the extent of the worker’s permanent disability, and the worker’s entitlement to medical care for his or her injuries. Sometimes, contention begins even earlier in the process, with the employer or its…

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Massachusetts’ Three-Year Statute of Limitation Applied to Subrogation Claim for Injuries to Construction Worker from Another State
The Law Offices of John C. Manoog III

Most people are at least vaguely aware that there are deadlines for filing a claim in a Cape Cod work injury case. The particulars of those procedural rules, however, are not as widely understood. As the following case indicates, sometimes the statutes of limitations can even be a matter of dispute, due to the unique…

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Massachusetts Court of Appeals Affirms Termination of Injured Employee’s Workers’ Compensation Benefits
The Law Offices of John C. Manoog III

A typical Cape Cod workers’ compensation case involves several different types of benefits, including medical care, temporary disability, and permanent disability. The determination of what is due an injured worker in a particular case can be a complex process. Oftentimes, there is a great amount of disagreement between the injured worker and his or her…

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Court Denies Relief to Massachusetts Woman Who Sought Late Appeal of Workers’ Compensation Agreement
The Law Offices of John C. Manoog III

Cape Cod work injuries are common. In order to receive the benefits to which he or she is entitled, the injured employee must take several proactive steps. First and foremost, the worker must give the employee notice of the accident, injury, or work-related illness. A formal claim must also be filed within a set period…

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Massachusetts Court of Appeals Affirms Dismissal of Worker’s Infliction of Emotional Distress Claim But Says She Should Have Been Allowed to Add FMLA Claim
The Law Offices of John C. Manoog III

Massachusetts workers have certain protections under state and federal law. For instance, most workplace injury cases fall under the provisions of Massachusetts workers’ compensation laws. Generally speaking, if a worker’s injury is covered by workers’ compensation, he or she will not be able to file a negligence lawsuit against the employer or a co-worker. While…

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Massachusetts Appeals Court Agrees With Industrial Accident Reviewing Board That Car Accident Was Not in the Course of Employment
The Law Offices of John C. Manoog III

In order to receive Massachusetts workers’ compensation benefits for a work-related injury or death, the person filing the claim must be able to show that the accident that led to the injury or death occurred during the course of the worker’s job duties. Usually, this is an easily resolved issue, but sometimes the particular circumstances…

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Massachusetts Court Reverses Dismissal of Injured Worker’s Claim Against Employer Who Fired Her
The Law Offices of John C. Manoog III

Cape Cod work injury cases can be more complicated than they first appear. Sometimes, there is “more to the story” all along, as in a situation in which an injured person may have several legal options resulting from his or her injury – a workers’ compensation claim against his or her employer, a product liability…

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Massachusetts Appeals Court Holds Workers’ Compensation Insurance Company at Time of 1998 Injury Liable for 2012 Surgery and Other Benefits
The Law Offices of John C. Manoog III

Most Cape Cod workers’ compensation cases are opened and closed within a few months or, in cases involving more severe injuries, perhaps a few years. Sometimes, however, a particular injury is of such a nature that the case may not be fully resolved for decades. In a case recently decided on appeal, the original injury…

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Massachusetts’ Highest Court Rules that Newspaper Delivery Person Was Independent Contractor and Thus Ineligible for Workers’ Compensation Benefits
The Law Offices of John C. Manoog III

In a Cape Cod workers’ compensation case, there are several things that a claimant must prove in order to recover benefits such as paid medical care and temporary disability benefits. First and foremost, the claimant must be able to prove that he or she was an employee of the entity from which he or she…

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