When determining whether a mechanical device, such as a wheelchair, or specially equipped private transportation is compensable, and the responsibility of the Workers’ Compensation Insurance Carrier, the Commonwealth of Massachusetts will evaluate your case based on a three-prong approach.
PRONG #1: ” ” Whether the accepted work injury is in any way related to the need for the mechanical appliance sought. Do you need the wheelchair or specially equipped van as a result of injuries you sustained in a work-related accident?
PRONG #2: ” ” The Court will apply the 4th paragraph of 30 of the Massachusetts Workers’ Compensation Act: In any case where an administrative judge, the reviewing board, the office of education and rehabilitation or the health care services board is of the opinion that the fitting of an employee eligible for compensation with an artificial eye or limb, or other mechanical appliance will promote his restoration to or continue him in industry, it may be ordered that such employee be provided with such item, at the expense of the insurer.
PRONG #3: ” ” What is economically necessary? Is the furnishing of van services, or a wheelchair, the most economical means available in your case?
The Massachusetts Reviewing Board has held, ‘that because we find our statute like those of some sister states that will allow for transportation assistance up to and including a van, if continuing causation is established and under the fourth paragraph of 30, the judge finds that a specially equipped van will promote the Employee’s restoration to or continue her in industry, he must order the Insurer to provide it or some reasonable equivalent, for so long as such appliance is made necessary by the continuing effects of the work injury.’ Stevens v. Northeastern University, 11 Mass. Workers’ Compo Rep. 167 (1997)
If this situation does, or could, apply to you, don’t stop here. The attorneys at Keches Law Group, P.C., are experienced attorneys, here to ensure that you receive everything you deserve for your work-related injury.
