Q: I'm on 34A in Massachusetts and my adjuster refuse to pay me is this legal
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
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.
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