Massachusetts General Laws
Chapter 152 - Workers' Compensation
Section 27 - Willful Misconduct of Employee

Massachusetts General Laws

Part I - Administration of the Government

Title XXI - Labor and Industries

Chapter 152 - Workers' Compensation

Section 1 - Definitions

Section 2 - Powers and Duties of Department; Investigation of Causes of Injuries

Section 2a - Application of Amendments of Statute

Section 5 - Rules and Regulations

Section 6 - Notice of Injuries; Forms; Additional Reports; Statistical Summaries

Section 6a - Informational Brochures; Monitoring of Benefits; Resolution of Disputes

Section 6b - Disposition of Fines

Section 7 - Commencement of Payments

Section 7a - Presumptions; Employee Unable to Testify

Section 7b - Admissibility Of, or Reference To, Statement Given Insurer or Self-Insurer by Claimant or in His Behalf

Section 7c - Representation of Claimants; Compensation; Denial or Suspension of Right to Practice or Appear

Section 7f - Record of Filing Fees, Penalties and Attorneys' Fees

Section 7g - Documentation Attached to Claims

Section 8 - Termination or Modification of Payments

Section 9a - Physicians Engaged to Testify or Depose for Employee; Fees Paid by Insurer

Section 10 - Claims for Benefits; Complaints Requesting Modification or Discontinuation of Benefits; Conciliation

Section 10a - Assignments of Cases; Conferences; Orders; Appeals

Section 10b - Arbitration; Agreements; Proceedings

Section 10c - Collective Bargaining Agreements; Binding Obligations and Procedures

Section 11 - Hearings; Evidence; Continuances

Section 11a - Impartial Medical Examiners

Section 11b - Procedure for Hearings; Depositions; Record of Proceedings

Section 11c - Appeals to Reviewing Board

Section 11d - Earnings Reports by Employees; Recovery of Overpayments

Section 12 - Enforcement of Orders; Appeals From Decisions of Reviewing Board; Costs; Reported Questions; Copies of Judgments

Section 12a - Award of Costs and Attorney's Fees

Section 13 - Rate of Payment by Insurers; Review of Clinical Health Care Providers; Health Care Services Board

Section 13a - Attorney's Fees for Employees

Section 14 - Actions Not Based on Reasonable Grounds; Illegal or Fraudulent Conduct; Costs and Penalties

Section 14a - Employee Leasing Companies

Section 15 - Liability of Person Other Than Insured

Section 15a - Controversy as to Which of Two or More Insurers Is Liable

Section 16 - Subsequent Findings Discontinuing Compensation; Finality

Section 17 - Enforcement of Orders or Decisions

Section 18 - Independent and Sub-Contractors; Liability of Insurer and Others

Section 19 - Agreements by Parties

Section 20 - Hospital Records as Evidence; Medical Records and Reports Open to Inspection

Section 20a - Copies of Reports of Medical Examinations Furnished Employees; Reports as Evidence

Section 20b - Medical Reports of Disabled or Deceased Physicians as Evidence

Section 21 - Notice by Insured to Employees

Section 22 - Notice by Insured to New Employees; Notice of Cessation of Insurance; Filing Copy

Section 23 - Release of Claims or Demands at Common Law

Section 24 - Waiver of Right of Action for Injuries

Section 25 - Insurer's Liability on Judgment for Employee

Section 25a - Purchase of Insurance; Self-Insurance; Reinsurance; Deductibles

Section 25b - Applicability of Statute Relating to Insurance and Self-Insurers; Employer Bringing Employees Within Statute

Section 25c - Failure to Provide for Payment of Compensation; Stop Work Orders; Penalties; Liens; Actions Brought by Losing Bidders; Civil Actions for Violations of Chapter

Section 25d - Service Companies; Investigation, Adjustment or Settlement of Claims for Self-Insurers

Section 25e - Self-Insurance Groups; Definitions

Section 25f - Certification to Act as Self-Insurance Group

Section 25g - Application for Certificate; Requirements; Issuance

Section 25h - Termination of Certificate

Section 25i - Examination of Affairs, Transactions, Accounts, Records and Assets of Each Group; Confidentiality and Privilege

Section 25j - Boards of Trustees

Section 25k - Applications for Membership; Cancellation of Members; Insolvency or Bankruptcy of Members

Section 25l - Solicitation of Membership by Licensed Agents

Section 25m - Misrepresentations or Omissions in Solicitations of Membership

Section 25n - Performance Reports; Statements of Financial Condition

Section 25o - Uniform Classification System; Premium Contributions; Application to Make Own Rates; Audits

Section 25p - Refunds

Section 25q - Premium Payment Plans; Loss Reserves; Bad Debt Reserves

Section 25r - Deficiencies; Assessments; Liquidation of Groups

Section 25s - Penalties

Section 25t - Cease and Desist Orders

Section 25u - Revocation of Certificates of Approval

Section 25v - Applicability of Chapter 176v to Groups Governed by Secs. 25e to 25u

Section 25w - Applicability of Chapter 176w to Workers' Compensation Self-Insurance Groups Governed by Secs. 25e to 25u

Section 26 - Injuries Arising Out of and in Course of Employment

Section 26a - Suicide

Section 26b - Concurrent Service of Two or More Employers; Joint and Several Liability of Insurers

Section 27 - Willful Misconduct of Employee

Section 27a - False Representation of Physical Condition by Employee; Right to Benefits

Section 28 - Wilful Misconduct of Employer; Defense; Reimbursement of Insurer; Employment of Minor; Mentally Retarded Persons; Injuries at Sheltered Workshops

Section 29 - Required Period of Incapacitation; Personnel Actions

Section 30 - Adequate and Reasonable Health Care Services; Preferred Health Care Provider

Section 30a - Medical Reports

Section 30e - Development of Voluntary Agreements

Section 30f - Identification of Cases in Which Vocational Rehabilitation Services May Be Required

Section 30g - Meetings With Injured Employees Requiring Vocational Rehabilitation Services

Section 30h - Applications for Vocational Rehabilitation Services

Section 30i - Availability of New Jobs and Job Training Programs

Section 31 - Death; Compensation for Dependents; Hearings

Section 32 - Persons Presumed Dependent on Employee; Division of Benefits and Payments for Children of Former Marriage; Parent Surviving Dependent Parent; Dependency Determined by Facts; Division of Benefits

Section 33 - Burial Expenses

Section 34 - Total Incapacity; Compensation

Section 34a - Permanent and Total Incapacity; Compensation

Section 34b - Review Date; Supplemental Benefits to Secs. 31 or 34a

Section 35 - Partial Incapacity; Compensation

Section 35a - Added Compensation for Dependents; Payment; Presumed Dependents; Dependency Determined by Facts

Section 35b - Return to Work; Subsequent Injury; Rate of Compensation

Section 35c - Date of Eligibility; Benefits Applicable; Adjustments

Section 35d - Computation of Weekly Wage

Section 35e - Persons Eligible for Old Age Benefits or Pension; Entitlement to Benefits Under Secs. 34 or 35

Section 36 - Specific Injuries

Section 36a - Death Before Full Payment of Compensation for Specified Injuries; Brain Damage

Section 36b - Unemployment Compensation Benefits; Eligibility

Section 37 - Compensation for Disability Subsequent to Physical Impairment; Reimbursement

Section 37a - Compensation for Disabled War Veteran; Reimbursement

Section 38 - Consideration of Employee's Savings, Insurance and Other Benefits

Section 39 - Payment of Compensation Payable in Case of Death; Payment of Expenses and for Legal Services

Section 40 - Guardian or Next Friend Exercising Employee's Rights

Section 41 - Notice of Proceedings for Compensation; Limitation of Actions

Section 42 - Notice in General

Section 43 - Service of Notice

Section 44 - Inaccuracies In, and Want Of, Notice

Section 45 - Examination by Physician; Filing Copy of Report; Refusing or Obstructing Examination; Reimbursement of Travel Expenses and Wages

Section 46 - Waiver of Rights to Compensation; Arbitration

Section 46a - Reimbursement for Accident and Health Insurance Benefits Paid on Compensable Injuries; Lien of Insurers, Et al., Against Award; Child Support Claims

Section 47 - Assignments; Attachments; Liability for Debts

Section 48 - Lump Sum Agreements

Section 49 - Claim in General

Section 50 - Interest on Unpaid Claims

Section 51 - Natural Increase Considered in Determining Weekly Wages

Section 51a - Decision in Compensation Case; Law in Effect

Section 52b - Priority of Premiums and Interest Charges Over Other Claims

Section 52c - Rating Organizations in General; Subscribers; Co-Operative Activities; Rates; Freedom of Contract; Examination of Records; Confidentiality and Privilege

Section 52d - Appeal From Action or Decision of Rating Organization; Rating Information

Section 52e - Violation of Statutes; Failure to Comply With Commissioner's Orders; Suspension and Revocation of Licenses

Section 52f - Hearing on Order or Decision of Commissioner; Suspension or Postponement of Action; Review; Stay of Order or Decision

Section 52g - Partial Invalidity of Statute

Section 53 - Mutual Companies; Distribution of Risks Into Groups

Section 53a - Classification of Risks and Premiums; Distribution of Premiums Among Employers

Section 54a - Necessity of Insurance Contract Insuring Payment of Compensation

Section 55 - Approval of Policy by Commissioner; Review; Issuance of Policy in Violation of Statute

Section 55a - Mid-Term Notice of Cancellation

Section 56 - Joint and Several Policies

Section 57 - Deposits of Value of Outstanding Claims Under Contracts

Section 58 - Computation of Value of Claims

Section 59 - Holding Deposits in Trust; Payment of Claims; Transfer to Trustee; Accounts; Refunds; Return of Balance

Section 60 - Effect of Appointment of Receiver on Order, Deposit or Payments; Deposit by Receiver

Section 60a - Review, Suspension and Reduction of Order Requiring Deposit

Section 60b - Liability for Expenses for Custody and Disbursement of Deposit; Determination; Deduction From Deposit

Section 60c - Failure to Comply With Order Requiring Deposit; Certificate Authorizing Resumption of Issuance of Policies

Section 60d - Forfeiture for Failure to Comply With Order Requiring Deposit; Issuance of Policy While in Default; Enforcement of Order, Fine or Forfeiture

Section 61 - Bond for Foreign Company; Other Security

Section 62 - Deposits by Foreign Companies; Payment of Obligations

Section 63 - Insurance Company Information Requested by Department; Rating Organizations; Notices Furnished by Companies

Section 64 - Insurer's Regulations for Prevention of Injuries; Review; Inspector's Access to Premises

Section 65 - Special Fund; Trust Fund; Assessment Base; Assessment Rates; Payments; Reports; Audits

Section 65a - Designation of Insurer to Issue Policy; Equitable Distribution of Risks; Servicing Carriers; Service Fees

Section 65b - Cancellation or Termination of Policy; Review

Section 65c - Equitable Distribution of Losses; Reinsurance Pools; Necessity of Membership; Plan of Operation; Cost Containment Programs

Section 65d - Issuance of Policy to Employer Assigned to Another Insurer

Section 65g - ''losses Incurred'' Defined; Determination of Amounts to Be Paid

Section 65h - Adjustment of Payments

Section 65i - Primary Liability to Pay Benefits

Section 65j - Inspection of Risks; Rules

Section 65k - Appeal on Ground Premium Is Unreasonable or Discriminatory; Effect of Determined Rates

Section 65l - Failure of Insurer to Comply With Statutes, Order or Rule; Revocation or Suspension of Licenses; Injunction

Section 65m - Review of Orders or Rulings; Time; Suspension and Stay of Order or Rulings

Section 65o - Employer's Choice of Insurance Agent or Broker; Commission Fees; Service Fees

Section 66 - Actions for Injuries Sustained by Employees; Limitations; Defenses

Section 67 - Application to Insureds and Employers Having Right of Election, of Statutes Relating to Defenses to Actions

Section 68 - Applicability of Statutes Relating to Employers' Liabilities

Section 69 - Commonwealth, Counties, Cities, Towns and Districts in General; Members of a Police or Fire Force in Work Under a Contract

Section 69b - Vouchers; Examinations and Investigations; Reports

Section 70 - Procedure and Jurisdiction; Compensation Paid by Commonwealth and Its Subdivisions

Section 71 - Liability of County, City, Town or District for Employee's Injuries

Section 72 - Employee Claiming or Waiving Rights Against County, City, Town or District

Section 73 - Election to Receive Compensation or Pension; Retirement Boards; Prosecuting Claims; Attorney; Notice to Boards; Special Pensions

Section 73a - Employment of Partially Disabled Employee; Temporary Employment to Fill Vacancy

Section 74 - Application of Statutes to All Public Employees; Inmates of Institutions; Employees of Boards or Commissions and Welfare Districts

Section 74a - Employee of One Governmental Unit or Electric Company Aiding Another Unit or Company; Reimbursement of Compensation

Section 75 - Agents Designated to Furnish Benefits and Carry Out Statutes

Section 75a - Preferences for Hiring

Section 75b - Qualified Handicapped Persons; Discrimination Against Employees Exercising Rights Under This Chapter; Disclosure of Data

Section 86 - Public Employees; Certified Copy of Order, Decision, or Agreement Mailed to Public Employee Retirement Administration Commission, Etc.