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Questions Answered by Michael Levin
1 Answer | Asked in Workers' Compensation for Massachusetts on
Q: In massachusetts workman's compensation cases , how vital is collection of medical records?

What role does the independent doctor have as far as determining liability?

Thank you

Michael Levin
PREMIUM
Michael Levin
answered on May 23, 2023

Medical records are EVERYTHING in a workers' comp case! They provide nearly all the confirmation that an event occurred that caused an injury, the proposed course of treatment, and the expected outcome of that treatment. With that information, both the Dept. of Industrial Accidents (the... View More

1 Answer | Asked in Workers' Compensation for Massachusetts on
Q: am i still entitled to workers comp after 6 months?

i work in retail and was assaulted by a customer in july. i submitted a workers comp request and was out of work for 10 days (ER excused 7). i still have not gotten paid for those days. what do i do next

Michael Levin
PREMIUM
Michael Levin
answered on Jan 8, 2023

The short answer is yes, you can still get your benefits after 6 mos. The longer answer is that in Massachusetts, unless you are out of work for more than 21 days, then the first 5 days are unpaid. However, you could have been paid for the next 5 days after that, assuming you were out because of... View More

1 Answer | Asked in Employment Law and Personal Injury for Massachusetts on
Q: If some1 is screamin at u & acting like they r gonna hit if u warn them if they hit u u will hit back a threat

At work this young girl decided to start screaming & yelling at me & humiliating he infront of guests & co workers even saying I shouldn't even be allowed to be a server cuz of my nasty missing teeth i never yelled at her i stayed calm the whole time even know i was humiliated but... View More

Michael Levin
PREMIUM
Michael Levin
answered on Jul 18, 2023

You have an excellent question and one that could certainly be open to a case for wrongful termination, but you will need to speak with someone who handles employment law. (Worker's Compensation only deals with workplace injuries.) Use Justia's "Find a Lawyer" tab and search... View More

1 Answer | Asked in Workers' Compensation for Massachusetts on
Q: is there a logically explanation why my worker comp attorney failed to request obtain or utilize my medical records

My attorney never obtained my medical records and failed to present them to the DIA.

I had one provider fax mental health records, faxed and confirmed. He failed to submit these as well.

All of my providers have written sworn affidavits and letters confirming my allegation.... View More

Michael Levin
PREMIUM
Michael Levin
answered on May 23, 2023

I'm sorry, but I can't answer your question. Generally speaking, all medical records should come forward. I have no idea why your existing attorney didn't get your records for you. Two possibilities come to mind, but they are just off the cuff guesses. One is that the insurance... View More

1 Answer | Asked in Workers' Compensation for New Hampshire on
Q: During an IME DOES THE DOCTOR HAVE A RIGHT TO THE WITNESS NOTES

Witness for injured person

Michael Levin
PREMIUM
Michael Levin
answered on Apr 12, 2022

Great question. No, the IME doctor is there to do an exam and send their report to the workers

comp. insurance. That's it. You have the right to have a witness with you. The doctor has no right to see what the witness writes down. Whether those notes would be admissible in...
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1 Answer | Asked in Workers' Compensation for Massachusetts on
Q: Will suing workers comp insurance raise my employers rates?
Michael Levin
PREMIUM
Michael Levin
answered on Mar 28, 2022

The answer is: sort of. Workers' comp insurance is rated first and foremost on a percentage of the wages paid to the employer's workers. Assuming there are no work incidents, that's all they really have to work with. However, once an incident occurs, the insurance company will... View More

1 Answer | Asked in Workers' Compensation for New Hampshire on
Q: Do I legally have to work with the Nurse Case Manager assigned to my Worker's Compensation case in New Hampshire?

I suffered a work injury in 2019. I've just now been assigned a Nurse Case Manager two years later.

Michael Levin
PREMIUM
Michael Levin
answered on Jan 4, 2022

In short, no, you don't have to work with an NCM. You can politely tell them thank you, but no thank you. If you're going to go that route, you should also make sure your doctors are aware that you don't want them communicating with the NCM either.

That said, NCM's...
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2 Answers | Asked in Criminal Law, DUI / DWI, Employment Law and Workers' Compensation for Massachusetts on
Q: Former UPS Driver wrongful termination?

Hi! I am a former UPS driver who was terminated after an employee accused me of drinking alcohol in the UPS truck and "acting drunk". The police were called and I passed a field sobriety test. My manager required me to submit to a "drug and alcohol test" although when I went... View More

Michael Levin
PREMIUM
Michael Levin
answered on Dec 22, 2021

Generally speaking, an employer can always require a drug test. However, your question appears under the heading of "workers' compensation," which only deals with workplace injuries. It belongs under the heading of "employment law," and I will defer to experts in that... View More

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2 Answers | Asked in Workers' Compensation for Massachusetts on
Q: I'm on 34A in Massachusetts and my adjuster refuse to pay me is this legal
Michael Levin
PREMIUM
Michael Levin
answered on Jul 27, 2021

This is a little difficult to answer without a little more context. Generally speaking, 34A benefits could not be stopped without permission to do so from the Dept. of Industrial Accidents. However, there are a few circumstances where they may be permitted to stop. For example, if you settled... View More

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