Second Injury Fund Recoveries

TKCK has been a leader in Massachusetts Second Injury Fund recoveries for almost a decade. Attorney John F. Keefe was formerly General Counsel at the Department of Industrial Accidents where he successfully initiated and completed the overhaul of the Massachusetts Second Injury Fund. In addition, Attorney Mark J. Kelly defended the Second Injury Fund for five years as a Deputy General Counsel and was involved in significant Litigation and Appeals involving the Fund.

In 2005, Administrative JudgeJohn P. Harris, recently retired from the Massachusetts Department of Industrial Accidents, joined TKCK to head up our Second Injury Fund Department. Judge Harris is responsible for managing TKCK’s continuing efforts to obtain reimbursement for our clients from the Second Injury Fund, administered by the Workers’ Compensation Trust Fund. He is very familiar with the intricate process involved with a second injury fund application and he wrote several of the seminal decisions that established case law for the procedures now in place at the Department of Industrial Accidents. He also assists our staff in identifying other cases where third-party recoveries can be obtained on behalf of our clients.

Judge Harris served for ten (10) years at the Department of Industrial Accidents and was well-known for his productivity and willingness to confront difficult legal issues. He wrote numerous Decisions that significantly changed the way benefits are awarded inMassachusetts, resulting in significant cost-savings for employers and insurers. Among his most noteworthy cases is McDonough v. Boston Edison, in which the SJC held that workers who voluntarily retire and are later diagnosed with a work-related illness, are not entitled to weekly indemnity benefits. More recently, his Decision in Walsh v. Bertolino Beef Co., in which he ruled that there was no statute of limitations for Second Injury Fund reimbursements on “Mid Act” cases, was upheld by theSupreme Judicial Court.

All of the cases currently in active litigation by TKCK are screened by Judge Harris for Second Injury Fund reimbursement potential. Our clients are then notified if submission of a formal petition is appropriate. Judge Harris is available on request to visit the offices of our clients and Third PartyAdministrators to review other cases and determine if any recoupment, reimbursement, or other recovery is feasible. There is no charge for these consultations, which TKCK offers as part of our comprehensive service commitment to all of our clients. Any cases that are deemed appropriate for filing are then handled on a contingent fee basis. Judge Harris is also available on request for in-house training seminars or consultations on unique problems, such as formalizing Return-To-Work/Modified Duty Programs for large employers.

 Judge Harris can be contacted through any of our attorneys presently working on your account, or he can be reached at our Charlestown office at (617) 242-9600, Ext. 236, or via e-mail at:jph@tkcklaw.com. Please don’t hesitate to take advantage of this unique feature of our comprehensive services.