In order to receive Massachusetts workers’ compensation benefits for a work-related injury or death, the person filing the claim must be able to show that the accident that led to the injury or death occurred during the course of the worker’s job duties. Usually, this is an easily resolved issue, but sometimes the particular circumstances of an accident can result in substantial disagreement between the parties as to whether the employee was truly acting in the course of his or her employment.
If the worker’s compensation insurance company denies the claim, the matter will likely proceed to a determination by an administrative law judge; this decision may be further appealed, should either side wish to seek review. If you or someone you know is considering filing a claim for a workplace injury or death, now is the time to speak with a Cape Cod workers’ compensation attorney.
Facts of the Case
In a recent case appealed from the Industrial Accident Reviewing Board, the widow of a man who was killed in an automobile accident sought workers’ compensation benefits on the basis that the decedent (who was the principal of a family-owned business) was killed during the course of business. The defendant insurance company denied the claim. A three-day hearing was held before an administrative law judge. The judge denied the widow’s claim, concluding that the trip during which the decedent was killed was not an undertaking that was in the course of the insured company’s business. The Department of Industrial Accidents’ reviewing board summarily adopted the ALJ’s decision. The widow sought further review.