The legislator authorized the DIA to approve written compensation agreements. The Supreme Court judge noted that none of the parties had filed a “Compensation Agreement” form available to recall binding agreements for the settlement of compensation claims. The parties have fully informed and argued whether Article 19 requires that indemnification agreements be in writing in order to be enforceable before the Supreme Court. That is why we are briefly addressing the issue. See Wellesley College v. Attorney Gen., 313 Mass. 722, 731 (1943). If it is a licensed agreement and an insurance company that will not fulfill its obligations under this agreement, it is necessary to submit to the upper section of the court, for Suffolk County or Suffolk County, a certified copy of your employees` compensation file, in conjunction with a “claimant`s complaint”. The continuation of the non-compliance by the insurance company with a higher judicial enforcement decision is the subject of a possible action in contempt of the party. [Note 2] General Act c. 152, section 8 (1992) provides in part: “(1) An insurer who makes payments in a timely manner in accordance with subsection 1 of section 7 may make such payments for a period of one hundred and eighty calendar days from the onset of the disability, without prejudice to his right to challenge a problem. which are established under this Chapter. Division 8 was amended by st. 1991, c.
398, division 23, increasing the period from sixty to 180 calendar days. The effective date of the amendment was December 24, 1991, after the date of Weitzel`s violation, but before the “employer`s first injury report.” The term “Section 19 Agreement” is named after the section of the Massachusetts Workers` Compensation Act, which regulates such agreements, namely M.G.L.c 152, paragraph 19. In section 19, it is stated in part: “Any payment of compensation shall be made by written agreement of the parties and subject to the agreement of the Department. All other matters arising from this Chapter may thus be settled by mutual agreement. Such agreements shall apply for all purposes in the same manner as a provision in Section 12. An agreement between the parties is binding. Section 19 of the Workers` Compensation Statute provides that any payment of compensation in writing approved by the Department of Industrial Accidents is applicable for all purposes in the same manner as an injunction under Section 12. The DIA has a form called a Section 19 agreement, which must be completed and signed by the employee, his or her lawyer, if applicable, and the insurer`s lawyer before being submitted to the DIA. The agreement would then be submitted to the DIA for approval.
Typically, 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 agreement provides that the insurer temporarily pays the injured worker all disability benefits for a given period, the insurer, once approved by the DIA, must pay the disability benefits for which it has accepted payment. 2. The withdrawal of a complaint relating to the cessation of remuneration must be made in writing and filed with the department and staff. The parties are presumed to agree with all findings contained in a written decision of an arbitrator on a matter that has been referred to arbitration in accordance with the provisions of section 10. The Division approves any agreement entered into on a mandatory form, unless such an agreement is considered to be contrary to law. Any unauthorized agreement is returned to the party it presents….