DEFENDING
WORKERS' COMPENSATION
CLAIMS IN
THE NEW ENGLAND STATES



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 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.


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.


TKCK is a workers' compensation and civil litigation firm handling cases in the all six New England States (Massachusetts, Connecticut, Rhode Island, New Hampshire, Maine and Vermont) and at the Federal level for Longshore Harbor Workers’ Compensation Act and Defense Base Act claims.

We are approved panel counsel for most major insurers, including AIG, ACE/Chubb, Travelers, Liberty Mutual, Zurich, PMA, Utica, XL Specialty, Starr, The Hartford, CNA, Berkley, Acadia and others. We have longstanding partnerships with most major Third Party Administrators and Self-Insured Groups and we are designated counsel for many of the largest employers in New England.


Experience Matters. Results Count.


CONTACT US:

Tentindo, Kendall, Canniff & Keefe LLP
510 Rutherford Avenue
Boston, MA 02129
(617) 242-9600 (phone)
(617) 242-0800 (fax)