CUSHNER & BLOOM, P.C.
BROOKLINE, MA 02446
Tel. (617) 608-0019
E- mail: cbpc@ix.netcom.com
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More Worker's Compensation Information:
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Contact:
1170 Beacon Street, Brookline, MA 02446 By telephone: (617) 608-0019 By fax: (617) 608-0022 Or, go to our Comments Page |
WORKER'S COMPENSATION
Attorney Steven Bloom is available to represent clients with Worker's Compensation cases in the Commonwealth of Massachusetts.
Total Disability Benefits. The following is a brief explanation of total disability under Massachusetts law, however, since every case is different, the following is not meant as legal advice in any particular case.
Worker's Compensation law can be difficult in it's
application and interpretation. Often times, the issue of whether
an injured employee is "totally disabled" is at issue. The determination
of whether an employee is totally disabled is usually a question
of fact to be determined by the Industrial Accident Board. The
determination is to be based upon medical evidence, the nature of
the employee's work on the date of injury, past work experience, training
and education, coupled with his age. The Board may determine
that an employee is totally disabled even if there is medical testimony
supporting the position that the employee could do some type of work.
The Board may properly make a finding of total disability if the
employee's disability prevents him from performing remunerative work of
a substantial nature, and not merely of a trifling character. Despite
an injured employee's ability to do some type of work, if the labor market
is closed to that worker, a finding of total incapacity may be warranted.
When an employee suffers an injury which results
in an inability to perform work which requires bending, lifting or
prolonged standing and sitting where the employee had limited education
and work experience, the employee may, depending on the facts, be found
to be totally disabled. Similarly, an employee may, depending on the facts,
be considered totally disabled within the meaning of the Worker's Compensation
Law if the employee's condition is such that reasonable care and prudence
requires that he refrain from doing work which would aggravate his
condition, or interfere with its improvement. Pursuant to Massachusetts
Worker's Compensation Law, a suitable job shall be any job that the employee
is physically and mentally capable of performing, including light duty
work, considering the nature and severity of the employee's injury,
so long as such job bears a reasonable relationship to the employee's work
experience, education or training.
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My Policy At Cushner & Bloom, P.C., our clients always get the attention of the attorney handling their case. We know that our clients' questions are important to them and we make it our policy to try to return all telephone calls as soon as possible, and almost always within 24 hours. Have you been treated unfairly? In your time of need, call me. Let me fight your legal battles!
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DISCLAIMERS
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