More information on workers' compensation for attorneys

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Hardship requests

Requests that conference dates be scheduled sooner, due to a financial hardship on the part of an employee, are filed on the Request For A Speedy Conference Because Of Hardship - Form 131 and Affidavit in Support Of Request For A Speedy Conference Because Of Hardship - Form 132. The forms should be emailed Email to [e-mail] OR [e-mail]

Requests for additional information can be obtained from the Senior Judge's Office, [phone]. Requests to expedite a date for a Hearing should be made by motion to the judge handling the case.

Motions for expedited conferences can also be made on the basis of fraud, illegal discontinuance of benefits, catastrophic injury, medical emergency, or denial pursuant to MGL c. § 15A. Motions are filed to the attention of the Reviewing Board Motion Clerk.

Changing the location of a conciliation

Request to move conciliations must be made in writing by the moving party to:

    Dele Edebiri
    Conciliation Manager
    Department of Industrial Accidents
    Lafayette City Center
    2 Avenue de Lafayette
    Boston, MA 02111-1750

    EMAIL: [e-mail]

Notification that a Form 109 - Notification of Withdrawal or Complaint was received

Receipts of Form 109 - Notification of Withdrawal of Claim or Complaint are not shown on the computer. If the case is before a judge, email it to the judge and their assistant. If it is scheduled for a Conciliation, email it to the conciliator.

Notifying the DIA when your law office moves

According to Francisco Pena, Claims Manager, Office of Claims Administration, "All attorney changes should be sent by letter, to Francisco Pena, in the Claims Processing Unit. The problem with submitting Notice of Change/Appearance of Counsel - Form 114 is that some attorneys neglect to give us all information we need.

In the letter they need to explain what the issues are such as: the firm is moving or changing their address; an attorney is leaving one firm to go to another and he/she is taking any cases with them (a Notice of Change/Appearance of Counsel Form - 114 can only filed online and needs to be filed on each case). Maintaining the tables of changes/updates/additions in the DIA database system are now very detailed for the attorney/law firm tables."

Out-of-State medical providers and Massachusetts workers' compensation medical rates

The DIA Reviewing Board has ruled, in the Tedeschi case, that out-of-state providers ARE bound by the rates set by Massachusetts. In an accepted case, providers that believe they have received less than they're entitled to should file a Third Party Claim/Third Party Notice Of Lien - Form 115. The Form 115 can only be filed via your online account.

Additional Resources

Alberto Tedeschi v. S.F. Concrete

Withdrawing from a case pending before a judge

If your client has discharged you from their case, and it's been referred to Dispute Resolution you need to contact the judge with jurisdiction over the case. If the judge with jurisdiction allows you to withdraw, you'll need to notify Omar Hernandez, Senior Judge, informing him of your withdrawal.

Filing attorney liens

If there's a dispute regarding § 13A for which a judicial proceeding is being sought, file a Form 115 - Third Party Claim/Notice of Lien via your online account. Select the CLAIM box at the top and fill out box number 14 if you want to file it as a claim or select the LIEN box at the top of the form and fill out box number 13. 

Third-party settlement requests

There is no form for a third-party settlement, but there is a required format, Petition For Approval Of Third Party Settlement Under M.G.L. c. 152, Section 15. You arerequired to submit the form using the electonic Section 15 Interactive Petition v.2.62  and the Section 15 Calculator Version 8.5  

All section 15 petitions must be emailed in one PDF document to [e-mail].  Please send only one copy of the online document proceeded by all other necessary attachments. 

Questions regarding such claims should be addressed to the Section 15 Petition Processing in Boston at [phone].

 

Interpreters have to be certified for certain proceedings

Interpreters don't need to be certified to interpret at Conciliations or Conferences, but certified interpreters are required to translate at formal Hearings. 

Please be advised that the Department of Industrial Accidents does not provide interpreting services nor do they allow bilingual employees to interpret on cases. It is the responsibility of the moving party to hire an interpreter.

List of Interpreters - The Trial Court is currently updating the interpreters list and thus have removed the link. There is no date as to when the list will be back up.

If you need an interpreter for a deaf person, please contact Deborah Pierre at [phone].

Additional Resources

Code of Professional Conduct for Court Interpreters as of 2009

Standards and Procedures for Court Interpreter Services as of 1/20/2021

Certified copies of DIA files

The DIA certifies Conference Orders, Hearing/Review Board Decisions as well as memorandums of agreement (Lump Sum Agreements and Agreements to Pay Compensation - Form 113). The procedure is as follows:

1. Put the request in writing and submit it to:

DIA
Keeper of Records
Lafayette City Center
2 Avenue de Lafayette
Boston, MA 02111-1750

2. There is a certification fee of $10.00 per document. Please include payment  with your written request and make check payable to the "Commonwealth of Massachusetts."

Please note that the turn around time for certified copies depends on whether or not you submit a copy of the document with your request and check (1 day) or the file has to be retrieved and the requested copy made (1 - 2 weeks) then certified.

Getting access to documents in DIA file

DIA Public Access to Records Request 

Arbitration

There is no department form for parties to use if they want to go to arbitration. You just need to submit to the Conciliation Unit a signed agreement by all parties, stating they will accept arbitration. The requirements for what must be included in the agreement, and other guidance, is contained in MGL C. 152, § 10B

If an arbitration award is made, then you would need to notify the department on a Form 124A - Notification of Arbitration Award.

Attorney Fees

Attorneys fees are governed by MGL c .152, §13A. 

The amounts change every October 1st.

Current fees as of 10/1/2023.

Subpoenaing records to the DIA

The DIA CAN'T accept subpoenaed medical records. You must make some sort of private agreement with the keeper of records of the institution you're requesting records from.