Request a free consultation, 7 DAYS a week

(617) 886-0500

  • Home
  • About Us
    • Meet Our Attorneys >
      • Barry S. Scheer
      • Eric J. Parker
      • Susan M. Bourque
      • Debora A. Concepcion
      • Ryan P. B. Kelly
      • Heather M. Boutet
      • Vincent A. Tofani
      • Lisa M. Scalisi (Of-Counsel)
    • Meet Our Legal Staff >
      • Amanda L. Benjamin
      • Ashley R. Foster
      • Nicole Hadaya
      • Deanna Rooney
      • Jessie Donovan
    • Reviews
    • Case Results
    • Latest News
  • Our Practice
    • Personal Injury >
      • Medical Malpractice
      • Motor Vehicle Accidents
      • Car Accidents Involving Pedestrians
      • Ridesharing Accidents >>
        • Lyft Accidents
        • Uber Accidents
      • Dog Bites & Injuries Caused by Dogs
      • Motorcycle Accidents
      • Nursing Home Abuse and Neglect
      • Burn Injuries
      • Construction Site Accidents
      • Negligent Security
      • Product Liability
      • Injuries Resulting From Porch & Deck Collapse
      • Bicycle Accidents
      • MBTA & Train Accidents
      • Premises Liability
      • Wrongful Death
      • Food Poisoning
      • Aviation Injuries & Death
      • Sexual Harassment & Sexual Assault
    • Business Law
    • Business Litigation
    • Real Estate Law
    • Workers’ Compensation
    • Criminal Defense
  • Where We Practice
    • Boston
    • Chelmsford
    • Charlestown
    • North End
    • Suffolk County
    • Middlesex County
    • Cape Cod
    • Martha’s Vineyard
    • Nantucket
    • All of Massachusetts
  • Contact Us

Workers’ Compensation Insurer Dilemma

The Workers’ Compensation Act was designed to be administered in a simple and summary manner that provides injured workers with timely access to the Department of Industrial Accidents. The first step in the workers’ compensation battle is a conference before an Administrative Judge who issues a temporary order following a conference at the Department of Industrial Accidents. The subject of these conferences is typically a claim for benefits filed by an injured worker whose claim has been denied by the insurance company, or a request by the insurance company to reduce or entirely stop paying weekly benefits. The order issued by the Judge either instructs an insurer to start paying, or allows it to reduce or stop paying the injured worker.

While timely access is essential, if an insurer refuses to honor the order of the Judge, then such an appearance is meaningless. The insurance company, which enjoys a superior economic position over an injured worker, may be allowed to stop paying, and the employee’s only recourse is to request a hearing before the Department. The injured worker cannot compel the insurer to continue to pay, as he or she must first successfully complete the hearing process, which can take as much as a year. However, if the employee prevails, what happens if the insurer decides it is not going comply, and refuses to make the payments ordered?

The legislature recognized that these orders must have compelling force in order to carry any weight. For years, an employee’s only remedy was to pursue an enforcement action in the Superior Court, a process, which if appealed, might take far more time. The Legislature provided additional incentive for insurers to comply with orders when it enacted penalties provisions when an insurer fails to make timely payments of benefits ordered by a Judge following a conference. Section 8(1) of the Workers’ Compensation Act provides that penalties from $200.00 to $10,000.00 are payable to employees when an insurer refuses to make all payments ordered within the time frame defined in the statute.

Even with such large penalties, insurers continue to abuse their economic bargaining position to gain advantages over injured workers. It was set against this background that Attorney Joseph Burke pursued sanctions against the MBTA, one of the region’s largest self-insured employers, for its refusal to pay Christopher McCarthy benefits, which Attorney Burke won for him at a conference.

When the T defiantly refused to pay Mr. McCarthy, Burke successfully pursued the penalties provided in the Massachusetts Workers’ Compensation Act for him. The Administrative Judge, whose order was ignored by the T, awarded Mr. McCarthy a $ 10,000.00 penalty. Unfazed by this order, the T appealed to the DIA Reviewing Board, which upheld the decision of the Administrative Judge.

Undeterred, the T took its appeal to the Appeals Court of the Commonwealth. The Appeals Court rejected the arguments of the MBTA when it affirmed the decisions of the Department of Industrial Accidents. Mr. McCarthy, and the system prevailed. This case is an example of what one must be willing to do to protect the rights of the injured workers of this Commonwealth. It sends a clear and unequivocal message that there are lawyers who are willing to take the fight to insurers and employers. And it sends an equally important message that Courts of this Commonwealth will respond by protecting the rights of the injured.

Speak with a Massachusetts Workers’ Compensation Lawyer

To speak with a highly experienced workers’ compensation lawyer, click here, or telephone Parker Scheer LLP seven days a week, toll free at 886-414-0400. There is no fee charged to discuss your case, and all information furnished will be kept strictly confidential.

Related Massachusetts Workers’ Compensation Articles

Massachusetts Workers’ Compensation – FAQs

Massachusetts Premier Workers’ Compensation Lawyers

Other Massachusetts Workers’ Compensation Resources

Massachusetts Workers’ Compensation Act

Massachusetts Department of Industrial Accidents

Injured Worker’s Guide (Publication of Mass. Department of Labor)

The Workers’ Compensation Rating and Inspection Bureau

FREE CONSULTATION 24/7

Contact Us

Injured? Contact Our Offices
For A Free Consultation




Accused of a Crime? Contact Our Offices
For A Free Consultation




Latest News

  • Top 5 Reasons to Hire a Boston Personal Injury Lawyer

    Top 5 Reasons to Hire a Boston Personal Injury Lawyer

    Nov 20, 2019
  • When to Hire a Boston Personal Injury Lawyer

    When to Hire a Boston Personal Injury Lawyer

    Oct 22, 2019
  • How Massachusetts Personal Injury Laws and Statutory Rules Work

    How Massachusetts Personal Injury Laws and Statutory Rules Work

    Sep 29, 2019
  • Police Liability

    Police Liability

    Aug 20, 2019

Latest News

  • USCCA Critical Response Team Member – Attorney Vincent A. Tofani

    USCCA Critical Response Team Member – Attorney Vincent A. Tofani

    Apr 3, 2018
  • Attorney Vincent Tofani Moderates Panel Discussion of the Interplay Between Mental Health Issues and Criminal Law

    Attorney Vincent Tofani Moderates Panel Discussion of the Interplay Between Mental Health Issues and Criminal Law

    Nov 8, 2018
  • Attorney Vincent A. Tofani To Be Featured as an Up & Coming honoree for the Excellence in the Law event presented by Massachusetts Lawyers Weekly

    Attorney Vincent A. Tofani To Be Featured as an Up & Coming honoree for the Excellence in the Law event presented by Massachusetts Lawyers Weekly

    May 9, 2018

Testimonials

I was referred to Parker|Scheer after my daughter was seriously injured in a car accident in November 2010. Deb and the firm of Parker|Scheer we (...)

T.G.
Boston, MA
 

I have worked with Eric Parker and Barry Scheer for over a over 15 years. I have recommended them to friends and family without disappointment. (...)

A.Q.
Boston, MA
 

Eric Parker personally handled the case for our family. It was handled in an extremely professional manner. Everything was explained to us in ad (...)

O.W.
Boston, MA
 

Eric Parker personally handled the case for our family. It was handled in an extremely professional manner. Everything was explained to us in ad (...)

D.A.
Boston, MA
 

I have worked with Christa several times in many situations. She is articulate, educated and resourceful! She is compassionate and can look be (...)

Tina Bee
 

Eric Parker saw the potential in my case and explored it in detail with patience and professionalism. He and his team achieved the outcome I w (...)

Andrea Koller
 

Eric Parker and everyone in his law firm made me feel completely safe during this entire process. I had complete trust in the way my accident c (...)

Evelyn Berde
 
Terry Stifter
 

Great Lawyer – Attorney Tofani was referred to me through friends and was highly recommended. I found myself in a tough situation with no prior (...)

Client Review on Avvo
 

ney Tofani has handled many high profile criminal cases. Most recently, I needed his professional services. From the moment I first called him, (...)

Client Review on Avvo
 

Out of State OUI – My license was suspended because of a DUI I got while in Florida for school. After moving back to Massachuetts I found the pr (...)

Client Review on Avvo
 

“A good man, who genuinely cares about his clients.”

Luis
 

“Best lawyer in the world!”

Jenna
 

“I can’t thank Attorney Tofani enough.”

Paul
 

“Thanks again – you changed my life.”

Andrew
 

“My case was very unique. Through his hard work and excellent skills, Attorney Tofani achieved the bestpossible outcome. I highly recommend Atto (...)

Matt
 

“Throughout my entire case, and even after the Not Guilty verdict, Attorney Tofani continued to keep me well informed and provided guidance unti (...)

Andrew
 

View More Testimonials

Great Lawyer – Attorney Tofani was referred to me through friends and was highly recommended. I found myself in a tough situation with no prior c(...)

Client Review on Avvo
 

ney Tofani has handled many high profile criminal cases. Most recently, I needed his professional services. From the moment I first called him, t(...)

Client Review on Avvo
 

Out of State OUI – My license was suspended because of a DUI I got while in Florida for school. After moving back to Massachuetts I found the pro(...)

Client Review on Avvo
 

“A good man, who genuinely cares about his clients.”

Luis
 

“Best lawyer in the world!”

Jenna
 

“I can’t thank Attorney Tofani enough.”

Paul
 

“Thanks again – you changed my life.”

Andrew
 

“My case was very unique. Through his hard work and excellent skills, Attorney Tofani achieved the bestpossible outcome. I highly recommend Attor(...)

Matt
 

“Throughout my entire case, and even after the Not Guilty verdict, Attorney Tofani continued to keep me well informed and provided guidance until(...)

Andrew
 

Practice Areas

  • Driving Under the Influence (DUI)
  • Drug Crimes
  • Sexual Assault
  • Violent Crimes
  • Restraining Orders
  • Magistrate Hearings
  • Veterans Defense
  • College Student Defense

Case Results

November 23, 2015 – Boston Municipal Court Central Division – Open & Gross Lewd & Lascivious Conduct: Case Dismissed

November 25, 2015 – Boston Municipal Court Central Division – Larceny Over $250; Uttering False Instrument: Case Dismissed

January 4, 2016 – Boston Municipal Court – Offense: OUI, 1st Offense; Marked Lanes Violation – Trial Verdict, Not Guilty

January 7, 2016 – Lynn District Court – Offense: OUI, 1st Offense: Case Dismissed Pursuant to the Valor Act

March 1, 2016 – Dorchester District Court Clerk’s Hearing – Offense: Leaving the Scene of Accident Causing Personal Injury; Unlicensed Operation of Motor Vehicle: Application for Criminal Complaint Denied, Case Dismissed

February 26, 2016 – Leominster District Court – Offense: Breaking & Entering Building at Night with Intent to Commit Felony – Probation Violation Hearing: Warrant Recalled, and Re-Probated

February 22, 2016 – West Roxbury District Court – Offense: Witness Intimidation: Case Dismissed

January 29, 2016 – Brookline District Court Clerk’s Hearing – Offense: Domestic Assault & Battery: Application for Criminal Complaint Denied, Case Dismissed

January 27, 2016 – West Roxbury District Court – Offense: Assault & Battery with Dangerous Weapon: Case Dismissed

January 25, 2016 – Somerville District Court – Clerk’s Hearing Offense: Violation of Restraining Order; Criminal Threats – Application for Criminal Complaint Denied, Case Dismissed

December 7, 2015 – Dedham District Court – Clerk’s Hearing Negligent Operation of a Motor Vehicle: Application for Criminal Complaint Denied, Case Dismissed

October 19, 2015 – Barnstable District Court – Drunk Driving/OUI/DWI

October 19, 2015 – Haverhill District Court – Violation of Probation Hearing/Final Surrender Hearing

October 20, 2015 – Brookline District Court – Clerk’s Hearing – Negligent Operation of a Motor Vehicle

October 21, 2015 – Natick District Court – Drunk Driving/OUI/DWI – Administrative License Suspension for Chemical Test Refusal (3 years)

October 26, 2015 – Quincy District Court – Harassment Prevention Order

October 29, 2015 – Somerville District Court – Keeping a Disorderly House – Clerk’s Hearing/Show Cause Hearing/Probable Cause Hearing

October 30, 2015 – Attleboro District Court – Shoplifting– Dismissal Prior to Arraignment

November 3, 2015 – Wareham District Court – Illegal Possession of a Controlled Substance, Class ‘B’, Cocaine – Valor Act of 2012

November 4, 2015 – Boston Municipal Court Central Division – Assault and Battery with a Dangerous Weapon

November 5, 2015 – Superior Court Department for Suffolk County – Indecent Assault and Battery/Rape – Post Conviction Relief – Motion to Correct Mittimus

November 4, 2015 – Salem District Court – Drunk Driving/OUI/DWI, 2nd Offense – Administrative License Suspension for Chemical Test Refusal (3 years)

November 6, 2015 – Somerville District Court – Domestic Assault & Battery and Witness Intimidation: Case Dismissed

November 16, 2015 – Chelsea District Court – Criminal Threats & Default Warrant: Case Dismissed

November 20, 2015 – Attleboro District Court – Leaving the Scene of Accident Causing Property Damage & Negligent Operation of a Motor Vehicle: Case Dismissed

November 11, 2015 – Wrentham District Court – Disorderly Conduct & Malicious Destruction of Property Over $250: Case Dismissed

November 16, 2015 – Chelsea District Court – Criminal Threats & Default Warrant: Case Dismissed

November 19, 2015 – Wrentham District Court – Negligent Operation of a Motor Vehicle & Warrant Removal: Case Dismissed

Follow Us On

Parker Scheer LLP
1 Constitution Rd
Boston, MA 02129

PHONE: (617) 886-0500

New York Office
340 Madison Ave
New York, NY 10173

PHONE: (212) 897-2223

Click to activate map

© 2019 Parker Scheer LLP. All rights reserved | Sitemap | Privacy Policy | Terms of Service

MENU
  • Home
  • About Us
    • Meet Our Attorneys >
      • Barry S. Scheer
      • Eric J. Parker
      • Susan M. Bourque
      • Debora A. Concepcion
      • Ryan P. B. Kelly
      • Heather M. Boutet
      • Vincent A. Tofani
      • Lisa M. Scalisi (Of-Counsel)
    • Meet Our Legal Staff >
      • Amanda L. Benjamin
      • Ashley R. Foster
      • Nicole Hadaya
      • Deanna Rooney
      • Jessie Donovan
    • Reviews
    • Case Results
    • Latest News
  • Our Practice
    • Personal Injury >
      • Medical Malpractice
      • Motor Vehicle Accidents
      • Car Accidents Involving Pedestrians
      • Ridesharing Accidents >>
        • Lyft Accidents
        • Uber Accidents
      • Dog Bites & Injuries Caused by Dogs
      • Motorcycle Accidents
      • Nursing Home Abuse and Neglect
      • Burn Injuries
      • Construction Site Accidents
      • Negligent Security
      • Product Liability
      • Injuries Resulting From Porch & Deck Collapse
      • Bicycle Accidents
      • MBTA & Train Accidents
      • Premises Liability
      • Wrongful Death
      • Food Poisoning
      • Aviation Injuries & Death
      • Sexual Harassment & Sexual Assault
    • Business Law
    • Business Litigation
    • Real Estate Law
    • Workers’ Compensation
    • Criminal Defense
  • Where We Practice
    • Boston
    • Chelmsford
    • Charlestown
    • North End
    • Suffolk County
    • Middlesex County
    • Cape Cod
    • Martha’s Vineyard
    • Nantucket
    • All of Massachusetts
  • Contact Us
CALL US NOWEMAIL US NOW