MASS Department of Industrial Accidents is Open Remotely for Business Through December 2020, with Live Hearings Coming Later Summer of 2020

I. MASS DIA - OPEN REMOTELY THROUGH DECEMBER 31, 2020:

On May 27, 2020, this office participated in a Workers’ Compensation Roundtable in which the Senior Judge, Omar Hernandez, was the featured speaker.

Judge Hernandez indicated that the physical locations of each of the Boards will remain closed until further notice.

Judge Hernandez advised that Conciliations and Conferences will continue remotely, either by teleconference or by video teleconference. The DIA is working on upgrading their system to make video conferencing easier. He expects to implement the improvements by mid to late June. 

Hearings remain suspended for the foreseeable future. Judge Hernandez suggested that the Department will be able to conduct in-person Hearings sometime in Phase III of the Massachusetts Reopening Plan. We are currently in Phase I and each phase is expected to last at least 3 weeks. Judge Hernandez indicated that the DIA would not begin conducting Hearings at least until 2 to 3 weeks into Phase III. 

II. LIVE HEARINGS - LATE SUMMER OF 2020:

At best, we are looking at conducting Hearings at the end of July/early August. Attorney Moriarty inquired as to whether the Department would follow the guidelines sent out by the Massachusetts Trial Courts which set September 8, 2020 as the return of jury trials. Judge Hernandez advised that he hopes to be able to conduct Hearings prior to that time. He admitted that the courtrooms need to be safeguarded so as to protect all parties. Judge Hernandez indicated that he would provide notice as to when Hearings will commence so as to give all parties enough time to prepare. For now, all Hearings are suspended at least through mid-Summer.

III. IMPARTIAL EXAMINATIONS - IPE’S CONTINUE PER IPE EXAMINER PRACTICE:

Impartial Examinations are proceeding although it remains up to the individual doctor’s office as to whether they are examining employees or whether the exam will be rescheduled. Moreover, Judge Hernandez advised that if employees do not feel safe in attending the examination, requests to continue will be liberally granted.

IV. EMPLOYEE PARTICIPATION IN CONCILIATIONS/CONFERENCES/LUMP SUMS:

Some counsel expressed concerns about the employee’s inability to participate in Conciliations and Conferences. The DIA is looking to upgrade their procedures so that employees will be on the teleconference or participate in video teleconferencing. However, Judge Hernandez indicated that there are no special procedures to prioritize cases in which employees are no longer receiving benefits. He indicated that it would impractical to allow cases to jump the queue. 

V. IME DOCTOR REPORTS AVAILABLE AS NEEDED:

In response to a question from defense counsel as to continuances due to the inability to obtain IME Reports, Judge Hernandez advised that he will defer to the individual Administrative Judge in hopes that they will “do the right thing” in response to requests for continuances. 

VI. MORIARTY & ASSOCIATES'ADVICE - SETTLE AS BACKLOG GROWS BETWEEN CONFERENCE AND HEARING AT DIA THROUGH 2020:

The Department continues to operate remotely with Conciliations and Conferences ongoing. The backlog in Hearings will continue to grow with no definitive start date for in-person Hearings. We continue to advise our clients to look to settle those cases in which we are paying ongoing benefits due to the expected delay in getting the case before a Judge for Hearing.

We will continue to monitor the changes and developments at the DIA and how it affects our practice.

We are always available for Zoom claims meetings with clients regarding Mass DIA practice and procedure constantly evolving during the Covid-19 pandemic.

Of course, if you have any questions, please do not hesitate to contact Moriarty & Associates at 781-246-8000 / www.moriartywc.com

Good health in 2020!

Edward M. Moriarty, Jr., Esquire

and Thomas F. Finn, Esquire

MORIARTY & ASSOCIATES, P.C.