Q: I'm on 34A in Massachusetts and my adjuster refuse to pay me is this legal
A: 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 your case, then they would stop after the settlement was approved. If you returned to work to a new job, that would also be a reason stop. Or if there was an order from a Judge that only required them to pay you for a closed period (which is rare, but it has happened), then they could stop.
If you are represented then you should speak to your attorney about it right away. If you are not represented, then in a circumstance such as this it would be in your best interest to contact someone.
Michael O. Smith agrees with this answer
A: I concur with the previous answer. It is difficult to answer without further information. Generally speaking, if the WC insurer does not have permission by the Department of Industrial Accidents to stop your checks and you have not settled your case or gone back to work, then the stoppage of your checks could be considered illegal. There are other times your checks could be suspended. The insurer has the right to suspend your checks if they can show you failed to attend an IME.
If you have an attorney I strongly encourage you to speak with your attorney. If you are not represented, I encourage you to reach out to an experienced WC attorney in Massachusetts.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.