Third party actions
A workers' compensation case may develop into a "third party action" in Superior Court. We ask that you refrain from signing anything an attorney gives you that relates to work you do for us. If asked to do so, telephone the Impartial Unit immediately. Your report is a public record. We provide an official copy of your report upon written request. The parties, and their lawyers, should not contact you, or your office, except to schedule your deposition.
It may be helpful for you to insert the following language at the end of your impartial report:
"I certify under the pains and penalties of perjury that the above opinion has been rendered with a reasonable degree of medical certainty based on the information provided by the claimant and the Department of Industrial Accidents. I further certify that I am a licensed physician in the Commonwealth of Massachusetts."
If you get subpoenaed to testify in Superior Court
Never ignore a subpoena! Fax the subpoena to us ((617) 727-6974) so we can contact the attorney who sent it.
An injured worker in a third party case may have mistakenly listed you as a "treating physician" in answering an interrogatory.
Call Chief Legal Counsel Kevin B. O'Leary at (617) 727-4900, Ext. 7358 as he will be your intermediary with the lawyer.
If necessary, we will go into court to quash the subpoena. It is very rare we have to go to court to do so.
Testifying in Superior Court as an expert witness on a case that started as a workers compensation claim
If you think there is a conflict, please contact the Impartial Unit at (617) 727-4900, Ext. 7442.
It would be inappropriate for you to testify if the case is not resolved at the Department of Industrial Accidents, or if an appeal is before our reviewing board. Otherwise you may testify as an expert witness.