reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 152 - Workers' Compensation › Section 52e - Violation of Statutes; Failure to Comply With Commissioner's Orders; Suspension and Revocation of Licenses

Section 52E. Any person or organization wilfully violating any provision of section fifty-two, fifty-two C or fifty-two D shall be punished by a fine of not more than five hundred dollars for each such violation. Such penalty may be in addition to any other penalty provided by law. The commissioner may suspend the license of any rating organization or insurer which fails to comply with an order of the commissioner within the time limited by such order, or any extension thereof which the commissioner may grant. The commissioner shall not suspend the license of any rating organization or insurer for failure to comply with an order until the time prescribed for an appeal therefrom has expired, or, if an appeal has been taken, until such order has been affirmed. The commissioner may determine when a suspension of license shall become effective and such suspension shall remain in effect for a period fixed by him, unless he modifies or rescinds such suspension, or until the order upon which such suspension is based is modified, rescinded or reversed. No license shall be suspended or revoked except upon a written order of the commissioner, stating his findings, made after a hearing held upon not less than ten days' written notice to such organization specifying the alleged violation.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 152 - Workers' Compensation › Section 52f - Hearing on Order or Decision of Commissioner; Suspension or Postponement of Action; Review; Stay of Order or Decision

Section 52F. (a) Any insurer or rating organization aggrieved by any order or decision of the commissioner made without a hearing may, within thirty days after notice of the order to the insurer or organization, make written request to the commissioner for a hearing thereon. The commissioner shall hear such party or parties within thirty days after receipt of such request and shall give not less than fifteen days' written notice of the time and place of the hearing. Within thirty days after such hearing the commissioner shall affirm, reverse or modify his previous action, specifying his reasons therefor. Pending such hearing and decision thereon the commissioner may suspend or postpone the effective date of his previous action.
(b) Nothing contained in sections fifty-two C to fifty-two F, inclusive, shall require the observance at any hearing held under authority thereof of formal rules of pleading or evidence.
(c) Any order or decision of the commissioner under authority of said sections shall be subject to review, which shall be on the basis of the record of the proceedings before the commissioner, by appeal to the supreme judicial court at the instance of any party in interest. The order or decision of the commissioner shall be reviewed in accordance with the standards for review provided in paragraph (8) of section fourteen of chapter thirty A.
The court shall determine whether the filing of the appeal shall operate as a stay of any such order or decision of the commissioner. The court may, in disposing of the issue before it, modify, affirm or reverse the order or decision of the commissioner in whole or in part.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 152 - Workers' Compensation › Section 52g - Partial Invalidity of Statute

Section 52G. If any section, subsection, subdivision, paragraph, sentence or clause of said sections fifty-two C to fifty-two F, inclusive, is held invalid or unconstitutional, such decision shall not affect the remaining portions of said sections.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 152 - Workers' Compensation › Section 53 - Mutual Companies; Distribution of Risks Into Groups

Section 53. Any mutual liability insurance company authorized to do business in this commonwealth may with the approval of the commissioner of insurance distribute its risks into groups in accordance with the nature of the business and the degree of the liability of injury and with like approval fix by and for such groups in accordance with the experience of each group all premiums, assessments and dividends; but all the funds of the company both actual and contingent shall be available for the payment of any claim against the company.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 152 - Workers' Compensation › Section 54a - Necessity of Insurance Contract Insuring Payment of Compensation

Section 54A. Every contract or agreement the purpose of which is to insure an employer in whole or in part against liability on account of injury or death of an employee, other than seasonal or casual farm laborers, and seasonal or casual or part-time domestic servants who work in the employ of the employer less than sixteen hours a week for whom insurance under this chapter remains elective, shall be void unless it also insures the payment of the compensation provided for by this chapter. The second paragraph of section fifty-five shall not apply in case of a contract or agreement made void by this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 152 - Workers' Compensation › Section 55 - Approval of Policy by Commissioner; Review; Issuance of Policy in Violation of Statute

Section 55. No policy of workers' compensation insurance shall be issued or delivered until a copy thereof has been filed with the commissioner of insurance at least thirty days prior to such issue or delivery, unless before the expiration of the thirty days the said commissioner shall have approved the form of the policy in writing, nor if the commissioner notifies the company in writing that in his opinion the form of said policy does not comply with the laws of the commonwealth, specifying the reasons for his opinion; provided, that upon petition of the company the opinion of the commissioner shall be subject to review by the supreme judicial court.
Any policy of insurance issued in violation of this section or of any other provision of this chapter shall nevertheless be valid and binding upon the company issuing it, and the rights, duties and obligations of the parties thereto shall be determined by this chapter and chapter one hundred and seventy-five.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 152 - Workers' Compensation › Section 55a - Mid-Term Notice of Cancellation

Section 55A. Notwithstanding any general or special law to the contrary, a mid-term notice of cancellation of a workers' compensation policy shall be effective only if based on one or more of the following reasons: (i) nonpayment of premium; (ii) fraud or material misrepresentation affecting the policy or insured; (iii) a substantial increase in the hazard insured against. Nothing in this section shall limit an insurer's right to refuse to renew a workers' compensation policy.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 152 - Workers' Compensation › Section 57 - Deposits of Value of Outstanding Claims Under Contracts

Section 57. The commissioner of insurance may, whenever he deems it expedient, by a written order in such form as he may prescribe, require a domestic insurance company to deposit with the state treasurer the present value, as computed by him under section fifty-eight, of all or any part of its outstanding claims incurred under its contracts or policies providing for the payment of benefits under this chapter, in cash or in securities approved by the said commissioner, and he may, whenever he deems it expedient, require the company, as aforesaid, to make an additional deposit. The order shall specify the amount to be deposited and the time within which the deposit shall be made, which shall be not less than three days from the date on which the company receives the said order. A duplicate or copy of any such order shall be forthwith filed by the said commissioner with the state treasurer and the department, and the state treasurer, upon the expiration of the time specified in said order, shall forthwith notify the commissioner in writing whether or not the company has made the deposit in accordance therewith.
Nothing in this section shall affect the powers conferred on the commissioner of insurance by section six of chapter one hundred and seventy-five.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 152 - Workers' Compensation › Section 59 - Holding Deposits in Trust; Payment of Claims; Transfer to Trustee; Accounts; Refunds; Return of Balance

Section 59. The state treasurer shall hold any deposit made under section fifty-seven in trust for the payment of claims for benefits under this chapter, including claims accruing after the deposit was made, and he shall make such payments upon the written request and under the direction of the department, or he may, if the company so requests in writing, transfer from time to time to a trustee appointed by the company and approved by the department, any part of any such deposit made with him, reasonably necessary for the prompt payment of said benefits, and the trustee shall make such payments in accordance with the written directions of the department.
The state treasurer shall keep a separate account with the company of the amount so received, the amount of interest earned thereon and the payments made. If the amount deposited proves to be larger than required, portions thereof may, from time to time, be refunded to the company by the state treasurer or by such trustee, if any, subject to the written approval of the commissioner of insurance and the department. If any balance remains after the payment of all benefits due to claimants under this chapter, the state treasurer or such trustee, if any, shall return the balance to the company upon written notice from the department that there is no likelihood of further payments becoming due on account of such claims.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 152 - Workers' Compensation › Section 60 - Effect of Appointment of Receiver on Order, Deposit or Payments; Deposit by Receiver

Section 60. The appointment of a receiver of a domestic company under section six of chapter one hundred and seventy-five shall not affect any order of the said commissioner or deposit made under section fifty-seven prior to such appointment, and the state treasurer or trustee appointed and approved as provided in section fifty-nine shall retain any deposit made with him as provided in section fifty-seven or fifty-nine and make the payments therefrom as provided in section fifty-nine. If a receiver is so appointed prior to compliance by the company with any such order, he shall, as soon as may be after his appointment, make the deposit required by said order, if the assets of the company in his hands are sufficient therefor.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 152 - Workers' Compensation › Section 60a - Review, Suspension and Reduction of Order Requiring Deposit

Section 60A. Any company aggrieved by any order of the said commissioner made under section fifty-seven may, within five days from the date of its receipt, file a petition in the supreme judicial court for the county of Suffolk for a review thereof; but the filing of such a petition shall not suspend the operation of the order. The court shall summarily hear the petition and may make any appropriate order or decree. If the court shall order or decree that the amount of the deposit be reduced, the state treasurer or such trustee, if any, shall return to the company so much of the deposit as exceeds the amount fixed by the order or decree, or, if the company has not complied with the order of the said commissioner, it shall forthwith deposit with the state treasurer the amount so fixed.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 152 - Workers' Compensation › Section 60b - Liability for Expenses for Custody and Disbursement of Deposit; Determination; Deduction From Deposit

Section 60B. A company making a deposit under section fifty-seven shall pay to the state treasurer a reasonable amount for the expenses of his office, attributable to the custody and disbursement of the deposit. Any such amount may, upon written application of the state treasurer, and, after written notice to the company and a hearing, be determined by the commissioner of insurance, and, with the written approval of the said commissioner, be deducted from any funds of the company on deposit with the state treasurer.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 152 - Workers' Compensation › Section 60c - Failure to Comply With Order Requiring Deposit; Certificate Authorizing Resumption of Issuance of Policies

Section 60C. Failure of a company to comply with any lawful order of the commissioner of insurance under section fifty-seven shall, without any further action by the said commissioner, terminate its authority to issue policies of workers' compensation insurance, and in such a case the company shall issue no such policies thereunder until it complies with such order and has received from said commissioner, as evidence of such compliance, a special certificate authorizing it to resume the issue of such policies. The commissioner may, in his discretion, refuse to issue such a certificate.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 152 - Workers' Compensation › Section 60d - Forfeiture for Failure to Comply With Order Requiring Deposit; Issuance of Policy While in Default; Enforcement of Order, Fine or Forfeiture

Section 60D. Any company failing to comply with any lawful order of the commissioner under section fifty-seven shall, in addition, forfeit one hundred dollars for each day of its default. Any forfeiture recovered under this section shall be paid to the state treasurer and shall be held and expended by him in like manner as a deposit made under said section fifty-seven. Any company issuing any policy of workers' compensation insurance while in default of such compliance shall be punished by a fine of not less than one hundred nor more than one thousand dollars, and any officer or agent thereof issuing any such policy on the company's behalf during such default shall be punished by such fine or by imprisonment for not more than three months, or both.
The supreme judicial court for the county of Suffolk shall have jurisdiction in equity, upon an information filed by the attorney general at the relation of the commissioner of insurance, to enforce compliance with any order of the commissioner made under section fifty-seven, and the payment of any fine, forfeiture or penalty prescribed by this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 152 - Workers' Compensation › Section 61 - Bond for Foreign Company; Other Security

Section 61. Every foreign insurance company transacting the business of workers' compensation insurance in the commonwealth shall furnish a bond running to the commonwealth, with some surety company authorized to transact business in the commonwealth as surety, for such term and such amount and in such form as may be approved by the commissioner of insurance, the bond being conditioned upon the making of the deposits required by the following section. The annual license of such a company shall not be issued or renewed until it has filed with the commissioner a bond as aforesaid covering a future period at least as long as that covered by the license. In place of a bond as aforesaid the company may furnish other security, upon a like condition, satisfactory to the commissioner.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 152 - Workers' Compensation › Section 62 - Deposits by Foreign Companies; Payment of Obligations

Section 62. Every such foreign insurance company shall, within five days after its withdrawal from the transaction of business in the commonwealth or after the revocation of its license issued by the commissioner of insurance or of his refusal to renew it, deposit with a trustee to be named by the department an amount equal to twenty-five per cent of its obligations incurred or to be incurred under workers' compensation policies issued to employers in the commonwealth; and within thirty days after such withdrawal, revocation of or refusal to renew a license, such company shall deposit with said trustee an amount equal to the remainder of such obligations incurred or to be incurred, the amount of which obligations shall be determined by the department. The amounts so deposited shall be available for the payment of the said obligations of the company to the same extent as if the company had continued to transact business in the commonwealth, and the trustee so receiving said deposits shall pay such obligations at the times and in a manner satisfactory to the department.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 152 - Workers' Compensation › Section 63 - Insurance Company Information Requested by Department; Rating Organizations; Notices Furnished by Companies

Section 63. Insurance companies insuring employees under this chapter shall, at the request of the department, furnish it in writing any information required in connection with the administration by said department of this chapter, including any statistics and the names of all employers insured by them. Notice of issuance of a policy of insurance insuring employers under this chapter shall be given to the rating organization authorized by section fifty-two C by the company issuing such policy within five days after the date of issuance thereof. No further notice need be filed in case such insurance is renewed, extended or otherwise continued by such company. Such insurance shall not be cancelled or shall not be otherwise terminated until ten days after written notice of such cancellation or termination is given to the rating organization or until a notice has been received by said organization that the employer has secured insurance from another insurance company or has otherwise insured the payment of compensation provided for by this chapter; provided, however, that if the reason for cancellation is for nonpayment of premium, if the insurance agent, broker, producer or insurer receives the amount of premium due on or before the effective date of cancellation, the assigned carrier shall issue an accurate renewal policy. Said organization shall immediately make available to the department, by electronic transmission or otherwise, all information collected pursuant to this section. The organization may charge companies for the reasonable cost of gathering, processing and maintaining the data.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 152 - Workers' Compensation › Section 64 - Insurer's Regulations for Prevention of Injuries; Review; Inspector's Access to Premises

Section 64. The insurer shall make and enforce reasonable rules and regulations for the prevention of injuries on the premises of insured persons, and for this purpose inspectors of the insurer shall have free access to all such premises during regular working hours. Insured persons or employees thereof aggrieved by such rules or regulations may petition the executive office of labor and workforce development for a review, and it may affirm, amend or annul the rule or regulation.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 152 - Workers' Compensation › Section 65b - Cancellation or Termination of Policy; Review

Section 65B. If, after the issuance of a policy under section sixty-five A, it shall appear that the employer to whom the policy was issued is not or has ceased to be entitled to such insurance, the insurer may cancel or otherwise terminate such policy in the manner provided in this chapter; provided, however, that any insurer desiring to cancel or otherwise terminate such a policy shall give notice in writing to the rating organization and the insurer of its desire to cancel or terminate the same; and provided further, that if the reason for cancellation is for nonpayment of premium, if the insurer receives the amount of premium due on or before the effective date of cancellation, the assigned carrier shall issue an accurate renewal policy. Such cancellation or terminations shall be effective unless the employer, within ten days after the receipt of such notice, files with the department's office of insurance objections thereof, and, if such objections are filed, the commissioner, or his designee shall hear and decide the case within a reasonable time thereafter. Further appeal of the decision of the department may be taken to the superior court for the county of Suffolk.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 152 - Workers' Compensation › Section 65d - Issuance of Policy to Employer Assigned to Another Insurer

Section 65D. By arrangement between insurers which are members of the reinsurance pool, and with the approval of the commissioner of insurance, an insurer referred to in section sixty-five C may issue a policy to an employer who had been assigned by the commissioner of his designee to another insurer, and such issuance of a policy shall constitute a compliance with and be subject to section sixty-five A.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 152 - Workers' Compensation › Section 65g - ''losses Incurred'' Defined; Determination of Amounts to Be Paid

Section 65G. The words ''Losses incurred,'' as used in section sixty-five C shall mean, with respect to each policy, the losses paid and estimated to be paid thereunder. Any dispute as to the amounts to be paid under section sixty-five C, or as to an assignment under section sixty-five A, shall be resolved by the commissioner of insurance upon hearing after reasonable notice to all interested parties.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 152 - Workers' Compensation › Section 65i - Primary Liability to Pay Benefits

Section 65I. Nothing in sections sixty-five A to sixty-five M, inclusive, shall be construed to affect, in any way, the primary liability of the insurer to which the risk is assigned to pay compensation benefits in accordance with the provisions of this chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 152 - Workers' Compensation › Section 65j - Inspection of Risks; Rules

Section 65J. At any time while a policy issued pursuant to section sixty-five A is in force, the insurer, upon its own initiative, may make a careful inspection of the risk for the purpose of measuring the hazards, making recommendations for the health and safety of employees, and determining the rate or rates which will be adequate and reasonable for its insurance. Every such inspection shall be made and reported in accordance with such rules as the executive office of labor and workforce development may prescribe.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 152 - Workers' Compensation › Section 65k - Appeal on Ground Premium Is Unreasonable or Discriminatory; Effect of Determined Rates

Section 65K. Any employer to whom a policy is issued pursuant to section sixty-five A may appeal, within sixty days after the effective date of such policy, to the commissioner of insurance on the ground that the premium charged upon such policy is not reasonable or is unfairly discriminatory, and said commissioner may, in his discretion, after a hearing of which all interested parties shall have reasonable notice, approve or disapprove the premium charged. In the event the premium charged is disapproved by said commissioner, he shall direct the insurer to which the employer was assigned to issue a policy or to adjust the premium thereof at a rate or rates found by the commissioner of insurance to be adequate, reasonable and not unfairly discriminatory, and the rate or rates so determined shall be effective as of the date of the policy, and be binding upon both the insurer and the employer.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 152 - Workers' Compensation › Section 65l - Failure of Insurer to Comply With Statutes, Order or Rule; Revocation or Suspension of Licenses; Injunction

Section 65L. If an insurer refuses or neglects to comply with any provision of sections sixty-five A to sixty-five K, inclusive, or with any lawful order or ruling made by the commissioner of insurance pursuant thereto, he shall issue an order to such insurer to show cause why it should not be proceeded against as hereinafter provided, and after due notice and a hearing shall make a finding thereon or order such insurer forthwith to comply. If the insurer is found by the commissioner of insurance to have refused or neglected to comply with any provision of sections sixty-five A to sixty-five K, inclusive, or with any lawful order or ruling made thereunder by the commissioner of insurance, he shall, in the case of a foreign company, revoke or suspend the license issued to it under section one hundred and fifty-one of chapter one hundred and seventy-five and the licenses issued to all of its agents under section one hundred and sixty-three of said chapter, as provided in and subject to all the provisions of section five of said chapter, until it shall comply with such order or ruling, and, in case of a domestic company, he shall apply to the supreme judicial court for an injunction and such court shall have jurisdiction to restrain such company from further transaction of its business until it shall comply with such order or ruling.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 152 - Workers' Compensation › Section 65m - Review of Orders or Rulings; Time; Suspension and Stay of Order or Rulings

Section 65M. Any employer or insurer aggrieved by any order or ruling of the division or of the commissioner of insurance under any provision of sections sixty-five A to sixty-five L, inclusive, may, within thirty days after notice thereof, and despite any different limitation of time for filing petitions contained in section five of chapter one hundred and seventy-five, file a petition in the superior court for a review thereof; but the filing of such a petition shall not suspend such order or ruling unless a stay thereof shall be allowed by a justice of said court pending the final determination of the review. The court shall summarily hear the petition and make any appropriate order or decree.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 152 - Workers' Compensation › Section 65o - Employer's Choice of Insurance Agent or Broker; Commission Fees; Service Fees

Section 65O. Any employer to whom an insurer is assigned under the provisions of section sixty-five A shall be entitled to designate any licensed insurance agent or insurance broker to assist him in dealing with said insurer to which he is assigned and with the reinsurance pool described in section sixty-five C. The said agent or broker shall be entitled to a commission fee as set by the commissioner of insurance pursuant to section fifty-three A. An employer may apply directly to the workers' compensation plan of Massachusetts for coverage under section sixty-five A or sixty-five D. The plan may not charge a service fee, an application fee, or a transaction fee to any employer who makes an application for coverage directly to the plan.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 152 - Workers' Compensation › Section 66 - Actions for Injuries Sustained by Employees; Limitations; Defenses

Section 66. Actions brought against employers to recover damages for personal injuries or consequential damages sustained within or without the commonwealth by an employee in the course of his employment or for death resulting from personal injury so sustained shall be commenced within twenty years from the date the employee first became aware of the causal relationship between the disability and his employment. In such actions brought by said employees or by the Workers' Compensation Trust Fund pursuant to the provisions of subsection (8) of section sixty-five, it shall not be a defense:
1. That the employee was negligent;
2. That the injury was caused by the negligence of a fellow employee;
3. That the employee had assumed voluntarily or contractually the risk of the injury;
4. That the employee's injury did not result from negligence or other fault of the employer, if such injury arose out of and in the course of employment.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 152 - Workers' Compensation › Section 67 - Application to Insureds and Employers Having Right of Election, of Statutes Relating to Defenses to Actions

Section 67. Section sixty-six shall not apply to actions to recover damages for personal injuries received by employees of an insured person or a self-insurer.
Paragraph 4 of said section sixty-six shall not apply to actions to recover damages for personal injuries sustained by any person, whose employer has a right of election as provided in paragraph 4 of section one.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 152 - Workers' Compensation › Section 68 - Applicability of Statutes Relating to Employers' Liabilities

Section 68. Chapter one hundred and fifty-three and sections two B and six C to six F, inclusive, of chapter two hundred and twenty-nine shall not apply to employees of an insured person or a self-insurer, nor to laborers, workmen or mechanics employed by the commonwealth or any county, city, town or district subject to sections sixty-nine to seventy-five, inclusive, who are entitled to the benefits provided by said sections, while this chapter is applicable thereto.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 152 - Workers' Compensation › Section 69b - Vouchers; Examinations and Investigations; Reports

Section 69B. Payments of compensation, or payments of medical or other expenses or fees by the commonwealth under this chapter shall be made only upon vouchers bearing the certification of the personnel administrator. Said personnel administrator shall make or shall cause to be made such examinations and investigations as may assist in determining whether or not the injured employee is still incapacitated and whether such payments are due under this chapter.
Said personnel administrator shall obtain such information as will assist in the prevention of injuries, arising out of and in the course of employment, to public employees, in the rehabilitation of injured employees, and in their reemployment. He shall require from the workers' compensation agents, appointed under section seventy-five, preliminary reports on such injuries within forty-eight hours of their occurrence, and detailed reports within two weeks. He shall require from such agents the name and status of any employee who has remained incapacitated for three months following an injury, and shall refer such reports to the office of education and vocational rehabilitation for consideration and recommendation under the provisions of sections thirty E to thirty H, inclusive.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 152 - Workers' Compensation › Section 70 - Procedure and Jurisdiction; Compensation Paid by Commonwealth and Its Subdivisions

Section 70. Procedure under sections sixty-nine to seventy-five, inclusive, and the jurisdiction of the department shall be the same as under sections one to sixty-eight, inclusive, and the commonwealth or such county, city, town or district shall have the same rights in proceedings under said sections as the insurer. The state treasurer or the treasurer or officer having similar duties of such county, city, town or district shall pay compensation awarded for injury to persons in its employment upon proper vouchers without further authority.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 152 - Workers' Compensation › Section 71 - Liability of County, City, Town or District for Employee's Injuries

Section 71. Except as provided in the following section, such county, city, town or district shall not be liable in any action for a personal injury sustained by a laborer, workman or mechanic in the course of his employment by such county, city, town or district, or for death resulting from such injury.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 152 - Workers' Compensation › Section 72 - Employee Claiming or Waiving Rights Against County, City, Town or District

Section 72. A laborer, workman or mechanic entering the service of such county, city, town or district who would, if injured, have a right of action against the county, city, town or district by law, may claim or waive his right of action as provided in section twenty-four, and shall be deemed to have waived such right of action unless he claims it.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 152 - Workers' Compensation › Section 73a - Employment of Partially Disabled Employee; Temporary Employment to Fill Vacancy

Section 73A. Any employee who by reason of partial disability is entitled to receive compensation as provided by section sixty-nine from the commonwealth, or from such county, city, town or district, and who in the opinion of the head of any department or of any appointing officer, can be suitably employed in such department or by such officer in a position with duties adapted to his reduced earning capacity, may, subject in the case of a state employee to the approval of the division of personnel administration, be so employed at a salary based on his reduced earning capacity as determined by the industrial accident board or a member thereof after a hearing; provided, that no such employee shall be so employed in a position within the classified civil service without the approval of the personnel administrator. The head or appointing officer of the department in which such employee was employed previous to the injury causing his disability, may, subject to the provisions of chapter thirty-one, temporarily employ a person to fill any vacancy in the original position of such employee that may be caused by his disability, pending the return of such employee to full time employment at his regular duties.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 152 - Workers' Compensation › Section 74 - Application of Statutes to All Public Employees; Inmates of Institutions; Employees of Boards or Commissions and Welfare Districts

Section 74. Sections sixty-nine to seventy-five, inclusive, shall apply to all laborers, workmen and mechanics in the service of the commonwealth or of such county, city, town or district under any employment or contract of hire, expressed or implied, oral or written, including those employed in work done in performance of governmental duties as well as those employed in municipal enterprises conducted for gain or profit. Said sections shall not apply to inmates of institutions performing labor under sections forty-eight to seventy-seven, inclusive, of chapter one hundred and twenty-seven. For the purposes of sections sixty-nine to seventy-five, inclusive, all laborers, workmen and mechanics paid by the commonwealth, but serving under boards or commissions exercising powers within defined districts, shall be deemed to be in the service of the commonwealth. For the purposes of sections sixty-nine to seventy-five, inclusive, all employees of welfare districts, organized under the provisions of section forty-four of chapter one hundred and seventeen, shall be deemed to be employees of such town as the district welfare committee shall determine, and if such town has provided for the payment of compensation required by this chapter, the said district welfare committee shall apportion the expenses of providing such compensation among the towns comprising the said welfare district.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 152 - Workers' Compensation › Section 75 - Agents Designated to Furnish Benefits and Carry Out Statutes

Section 75. Every board, commission and department of the commonwealth, and every such county, city, town and district shall through its executive officers or board, designate one or more persons, as it may deem necessary, to act as its agent or agents in furnishing the benefits due under sections sixty-nine to seventy-five, inclusive. Such agent or agents shall be responsible for the proper carrying out of said sections under the direction and supervision of the department until his or their agency is revoked and a new agent or new agents designated. The name and address of every such agent shall be filed with the division, and, in the case of every such agent acting for any board, commission or department of the commonwealth, with the personnel administrator immediately upon his designation. This section shall not apply to counties, cities, towns and districts which have provided by insurance for the payment of compensation required by this chapter for all of their employees.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 152 - Workers' Compensation › Section 75a - Preferences for Hiring

Section 75A. Any person who has lost a job as a result of an injury compensable under this chapter shall be given preference in hiring by the employer for whom he worked at the time of compensable injury over any persons not at the time of application for reemployment employed by such employer; provided, however, that a suitable job is available. Actions may be filed under this section with the superior court department of the trial court for the county in which the alleged violation occurred. An employer found to have violated this section shall be exclusively liable to pay to the employee lost wages, shall grant the employee a suitable job, and shall reimburse such reasonable attorney fees incurred in the protection of rights granted by this section as shall be determined by the court.
In the event that any right set forth in this section is inconsistent with an applicable collective bargaining agreement or chapter thirty-one, the collective bargaining agreement or said chapter thirty-one shall prevail.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 152 - Workers' Compensation › Section 75b - Qualified Handicapped Persons; Discrimination Against Employees Exercising Rights Under This Chapter; Disclosure of Data

Section 75B. (1) Any employee who has sustained a work-related injury and is capable of performing the essential functions of a particular job, or who would be capable of performing the essential functions of such job with reasonable accommodations, shall be deemed to be a qualified handicapped person under the provisions of chapter one hundred and fifty-one B.
(2) No employer or duly authorized agent of an employer shall discharge, refuse to hire or in any other manner discriminate against an employee because the employee has exercised a right afforded by this chapter, or who has testified or in any manner cooperated with an inquiry or proceeding pursuant to this chapter, unless the employee knowingly participated in a fraudulent proceeding. Any person claiming to be aggrieved by a violation of this section may initiate proceedings in the superior court department of the trial court for the county in which the alleged violation occurred. An employer found to have violated this paragraph shall be exclusively liable to pay to the employee lost wages, shall grant the employee suitable employment, and shall reimburse such reasonable attorney fees incurred in the protection of rights granted as shall be determined by the court. The court may grant whatever equitable relief it deems necessary to protect rights granted by this section.
(3) In the event that any right set forth in this section is inconsistent with an applicable collective bargaining agreement, such agreement shall prevail. An employee may not otherwise waive rights granted by this section.
(4) Upon a determination by the commissioner that a request for data maintained by the department is intended to be used in such a manner as to violate the purposes of this section, the commissioner may find that the disclosure of such data constitutes an unwarranted invasion of personal privacy pursuant to chapter four and deny said request. Nothing in this section shall be construed to prohibit an insurer's right to obtain any information held by the department regarding any employee who has filed a claim against such insurer.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 152 - Workers' Compensation › Section 86 - Public Employees; Certified Copy of Order, Decision, or Agreement Mailed to Public Employee Retirement Administration Commission, Etc.

Section 86. Within fifteen days of an order or decision of the division, of a member or of a reviewing board, or the approval of a memorandum of agreement by the division, with respect to a claim by an employee of the commonwealth, a city, a town or a district which has accepted the provisions of chapter eight hundred and seven of the acts of nineteen hundred and thirteen, or of any town or district which has accepted or accepts the provisions of section sixty-nine, the division shall mail to the public employee retirement administration commission, and the board of the retirement system of which the employee is a member, a certified copy of said order or decision of the division, of a member or of a reviewing board or the memorandum of agreement approved by the division.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 153 - Liability of Employers to Employees for Injuries Not Resulting in Death › Section 1 - Rights to Compensation and of Action

Section 1. If personal injury is caused to an employee, who, at the time of the injury, is in the exercise of due care by reason of—
First, A defect in the condition of the ways, works or machinery connected with or used in the business of the employer, which arose from, or had not been discovered or remedied in consequence of, the negligence of the employer or of a person in his service who had been intrusted by him with the duty of seeing that the ways, works or machinery were in proper condition; or
Second, The negligence of a person in the service of the employer who was intrusted with and was exercising superintendence and whose sole or principal duty was that of superintendence, or, in the absence of such superintendent, of a person acting as superintendent with the authority or consent of such employer; or
Third, The negligence of a person in the service of the employer who was in charge or control of a signal, switch, locomotive engine, elevated train or train upon a railroad or elevated railway;
The employee, or his legal representatives, shall, subject to the eight following sections, have the same rights to compensation and of action against the employer as if he had not been an employee, nor in the service, nor engaged in the work, of the employer.
A car in use by or in possession of a railroad corporation, or an elevated car in use by or in possession of an elevated railway corporation, shall be considered as a part of the ways, works or machinery of the corporation which uses or has it in possession, within the meaning of clause first, whether owned by such corporation or by some other company or person. One or more cars which are in motion, whether attached to an engine or not, shall constitute a train within the meaning of clause third, and whoever, as a part of his duty for the time being, physically controls or directs the movements of a signal, switch, locomotive engine, elevated train or train shall be deemed to be a person in charge or control of a signal, switch, locomotive engine, elevated train or train within the meaning of said clause.
This section shall not apply to injuries caused to farm laborers by fellow employees.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 153 - Liability of Employers to Employees for Injuries Not Resulting in Death › Section 2 - Knowledge by Employee of Defect or Negligence

Section 2. An employee or his legal representatives shall not be entitled under section one of this chapter or under chapter two hundred and twenty-nine to any right of action for damages against his employer if such employee knew of the defect or negligence which caused the injury, and failed within a reasonable time to give, or cause to be given, information thereof to the employer, or to some person superior to himself in the service of the employer who was intrusted with general superintendence.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 153 - Liability of Employers to Employees for Injuries Not Resulting in Death › Section 3 - Unremedied Defect Reported to Be Defective

Section 3. If a defect in the ways, works or machinery of an employer has been reported to the person whose duty it is to remedy said defect, or cause it to be remedied, or to report its existence, and such defect is not remedied within a reasonable time, and by reason of said defect an employee is injured, such employee shall not be held to have assumed the risk of such injury.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 153 - Liability of Employers to Employees for Injuries Not Resulting in Death › Section 4 - Continuation in Employment After Knowledge of Defective Railway Equipment

Section 4. An employee of a railroad corporation injured by any locomotive, car or train used contrary to any provision of sections one hundred and fifty-five and one hundred and fifty-seven to one hundred and fifty-nine, inclusive, of chapter one hundred and sixty shall not be deemed to have assumed the risk of such injury, although he continues in the employment of such corporation after the unlawful use of such locomotive, car or train has been brought to his knowledge. An employee of a railroad corporation injured by any locomotive, car or train by reason of the negligence of any other employee of the corporation shall not be deemed to have assumed the risk of such injury.