|FROM:||The Legal Taxi|
|RE:||Legal Actions Available to Seek Work Comp benefits in Massachusetts|
Legal Actions Available to Seek Work Comp benefits in Massachusetts
Can employee receives work comp benefits, if he suffered injuries during course of employment and, his BAC level is .792.
Client fell from a roof while welding on the second floor of a new building. He suffered serious injuries. We filed a work comp claim, and the employer is claiming that the employee (Juan) was intoxicated. He admits that he’d had a lot to drink the day before, but he claims that he had nothing that day, and he fell at about 8:36 AM, after reporting for work at 7 AM. The hospital records show a BAC (Blood Alcohol Content) of .792 at the time of his admission. Can he still receive work comp benefits? Does his BAC test bar him?
What is the standard of BAC in Massachusetts?
- Relevant Statute & Case
- Summaries of Key Cases
Massachusetts General Laws:
Copies of hospital records kept in accordance with §70 of Ch. 111, certified by the persons in custody thereof to be true and complete, shall be admissible in evidence in proceedings before the division or any member thereof. The division or any member, before admitting any such copy in evidence, may require the party offering the same to produce the original record. All medical records and reports of hospitals, clinics and physicians of the insurer, employer, or of the employee shall be filed with and open to the inspection of the division so far as relevant to any matter before it. Such reports shall be open to the inspection of any party.
Authorizes compensation for an employee's personal injuries arising out of and in the course of his employment, or arising out of an ordinary risk of the street while actually engaged, with his employer's authorization, in the business affairs or undertakings of his employer. In order for an employee to establish, a right to compensation he must show that, his injury arose from one of those two sources of injury alternatively stated in the statute.
Gen. Laws ch.152, § 27
If the employee is injured by reason of his serious and wilful misconduct, he shall not receive compensation; but this provision shall not bar compensation to his dependents if the injury results in death.
If the employee is injured by reason of the serious and willful misconduct of an employer or of any person regularly entrusted with and exercising the powers of superintendence, the amounts of compensation hereinafter provided shall be doubled. In case the employer is insured, he shall repay to the insurer the extra compensation paid to the employee. If a claim is made under this section, and the employer is insured, the employer may appear and defend against such claim only.
Please find the attached document for highlighted copy of key case:
Please find the attached document for summary of key case:
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