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2018 Massachusetts General Laws
PART I ADMINISTRATION OF THE GOVERNMENT
TITLE XXI LABOR AND INDUSTRIES
Chapter 152 WORKERS' COMPENSATION
- 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- Section 3 Repealed, 1921, 462, Sec. 8
- Section 4 Repealed, 1985, 572, Sec. 15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- Section 7D Repealed, 1979, 67
- Section 7E Repealed, 1985, 572, Sec. 20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- Section 8A Repealed, 1985, 572, Sec. 22
- Section 9 Repealed, 1985, 572, Sec. 23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- Section 9B Repealed, 1947, 286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 I Examination of affairs, transactions, accounts, records and assets of each group; confidentiality and privilege
- Section 25 O Uniform classification system; premium contributions; application to make own rates; audits
- 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 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 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 25V Applicability of chapter 176V to groups governed by Secs. 25E to 25U
- Section 25W Applicability of chapter 176W to workers' compensation self-insurance groups governed by Secs. 25E to 25U
- 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 I Availability of new jobs and job training programs
- 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 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 Secs. 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 Secs. 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; examination of records; confidentiality and privilege
- 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 65 I Primary liability to pay benefits
- Section 65 O Employer's choice of insurance agent or broker; commission fees; service fees
- 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 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 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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