COVID-19 ADVISORY: Massachusetts DIA issues “Emergency Administrative Bulletins” regarding Late Appeal Fees and Impartial Medical Examinations Protocols

DEFENDING

WORKERS’ COMPENSATION

CLAIMS IN

THE NEW ENGLAND STATES

*REMINDER*

THE MASSACHUSETTS DEPARTMENT OF INDUSTRIAL ACCIDENTS ISSUED AN ADVISORY REGARDING UPDATED PROTOCOLS FOR CONFERENCES, 11A EXAMINATIONS, APPEALS, SECTION 15 PETITIONS, LUMP SUM SETTLEMENTS AND WITHDRAWAL OF CLAIMS OR COMPLAINTS.

The Massachusetts DIA issued an
”
Emergency Administrative Bulletin No. 2
” on March 30, 2020, which
outlined further procedural and logistical changes regarding the handling of conferences, Section 11A Impartial Examinations, Appeals, Section 15 Petitions, Lump Sum Settlements, and Withdrawal of Claims or Complaints.

We have received many questions regarding notifications you might have received from the DIA stating that the proper appeal fee has not been filed within ten days of the filing of the appeal and that the appeal cannot be perfected to proceed to the impartial medical examination stage.

Specifically, these notifications have included this language:

“Please be advised that the appeal filed … will not be processed to schedule a Section 11A impartial medical exam due to failure to submit, within ten days of the filing of the appeal, the fee required to defray the cost of the medical examination.”

We wish to remind you that any appeal of a conference order issued from March 3, 2020 until further notice,
will not be marked as late
.

These Late Fee Notices are automatically generated by the DIA for orders that have been filed from March 3, 2020 onward and should be disregarded.

The full “Emergency Administrative Bulletin No. 2” can be found here.

UPDATED

IMPARTIAL MEDICAL EXAMINATION

PROTOCOLS

The Massachusetts DIA has also issued updated protocols on 4/27/2020 regarding screening and attendance for those claimants attending impartial medical examinations. These protocols include:

• Confirmation by the claimant/attorney with the physician’s office that they are indeed open and conducting impartial examinations;
• Confirmation the physician’s office has proper COVID-19 screening and protection procedures in place;
• Confirmation there is no suspected coronavirus infection of the claimant, and if so, the rescheduling procedure for that appointment;
• Confirmation that the claimant may petition the administrative judge to reschedule/postpone the impartial examination should claimant decide to abide by the stay at home order or have underlying risk factors making it unsafe for him/her to attend the examination.

The full “Emergency Administrative Bulletin #3” can be found here.

WE ARE FULLY PREPARED TO REVIEW

OR DISCUSS ANY ISSUES INVOLVING

WORKERS’ COMPENSATION

DURING THIS CRISIS.

FEEL FREE TO CONTACT US VIA

TELEPHONE, CELL PHONE OR EMAIL.