MBA Workers' Compensation Chair Deborah G. Kohl
Currently, when Massachusetts workers suffer permanent bodily
harm and scarring to their face, neck and hands, they are only
eligible for maximum coverage up to $15,000 under the Massachusetts
workers' compensation law. The compensation allowed is based on
figures that were set almost 25 years ago, and because
disfigurement awards are based on the current statewide average
weekly wage, as wages has increased over the years, disfigurement
awards have shrunk.
In addition, many of the serious injuries that happen on the job
resulting in permanent disfigurement occur in less visible places
than the face, hands or neck, and can impact a worker's ability to
obtain and retain employment. Most importantly, scarring on the
upper extremities may serve as a bar to employment and should be
compensated accordingly.
Kohl was joined by Judson Pierce, who chairs the Massachusetts
Academy of Trial Attorneys' Workers' Comp Section, and Marcy
Goldstein-Gelb, the executive director of MassCOSH, who testified
in support of House Bill No. 1707 and Senate Bill No.968, which
would amend M.G.L. c. 152, s. 36 subsection k., by removing the
requirement that permanent scarring and disfigurement compensation
be limited to the face, hands and neck. Additionally, the bills
seek an increase in the maximum allowable benefit to 22.5 times the
statewide average weekly wage in Massachusetts. By indexing the
maximum benefit, changes in the statewide average weekly wage will
not result in differential values for workers scarred or disfigured
in industrial accidents.