Section 19 Agreement Massachusetts


The IAD has a form called Section 19 Agreement that must be completed and signed by the employee, his lawyer, if any, and the insurer`s lawyer before he is submitted to the IAD. The agreement would then be subject to IAD approval. As a general rule, an administrative judge would review the agreement and, if acceptable, approve it. Once approved, the parties would be bound by this agreement. For example, if the insurer has taken payment of temporary total disability benefits for the aggrieved worker for a specified period of time, the insurer, once approved by the IAD, must pay the disability benefits it has agreed to. If there is a dispute in a compensation worker, the dispute is sometimes resolved by the parties who have reached an agreement, instead of having a judge to decide the claim. For example, if the insurer refuses to pay the injured worker the compensation he paid to salaried workers, or if he refuses to pay medical treatment, the aggrieved worker (or his lawyer) would generally file a benefit entitlement to the Massachusetts Department of Industrial Accidents. As long as the action is pending, the parties can reach an agreement that would resolve the dispute that triggered the application. If the agreement is reached, the parties would reduce the agreement to the letter to commemorate the agreement. The written agreement would then be submitted to the IAD for review by an administrative judge.

If approved by the judge, the agreement would be as enforceable as an order at a conference. Mr. Weitzel states that she was injured on the job on December 7, 1991. On January 24, 1992, his employer, Limited Express, filed an “first injury report” from the employer to the IAD. Travellers insure Limited Express for workers` compensation. On January 28, 1992, travellers began paying disability benefits to Weitzel for $44 per week, in accordance with section .c 7 (1992). [Note 1] On April 3, 1992, Travelers orally agreed to increase Weitzel`s weekly payments to $105 and adjusted its benefits retroactively. On June 2, 1992, after receiving a medical report on Weitzel`s ability to return to work, Travelers submitted a notice on the termination of the weekly allowance to the IAD and terminated the payments. See G. L.c.

152, Section 8 (1992) [Note 2] Weitzel filed this complaint seeking Oral Authorization from Travelers to pay its $105 per week allowance.

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