Massachusetts General Laws

Mass. Gen. Laws ch. 152, § 19 (2026)

Agreements by parties

✓ current as of July 2026

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Section 19. (1) Except as otherwise provided by section seven, any payment of compensation shall be by written agreement by the parties and subject to the approval of the department. Any other questions arising under this chapter may be so settled by agreement. Said agreements shall for all purposes be enforceable in the same manner as an order under section twelve.

(2) Any withdrawal of a complaint for discontinuance of compensation shall be made in writing and filed with the department and the employee. The parties shall be deemed to have agreed to all of the findings contained in a written decision of an arbitrator on a case forwarded to arbitration pursuant to the provisions of section ten. The department shall approve any agreement received on a prescribed form unless such agreement is deemed to be in violation of law. Any agreement not approved shall be returned to the party submitting it. Except as provided by section ten B, a party to any agreement under this chapter may file a complaint with the superior court to vacate or modify such agreement on grounds of law or equity.

Notes of Decisions

Cited in 19 cases (1 in the last 5 years), 1924–2024 · leading case: Wingate v. Emery Air Freight Corp., 432 N.E.2d 474 (Mass. 1982).

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Wingate v. Emery Air Freight Corp., 432 N.E.2d 474 (Mass. 1982). · cites it 4× “Among the items of evidence offered by Emery was an "Employer's First Report of Injury," prepared by Jones Company pursuant to G.L.c. 152, § 19, and produced from the files of the Jones Company's workmen's compensation insurer.”

Wilson's Case, 50 N.E.3d 213 (Mass. App. Ct. 2016). “1 See G. L. c. 152, §§ 19, 23. The 2008 settlement agreement specified that it covered injuries to Wilson’s right shoulder, neck, and upper back.”

Lumbermens Mut. Cas. Co. v. Workers' Comp. Trust Fund, 36 N.E.3d 594 (Mass. App. Ct. 2015). · cites it 4× “We turn first to the language of G. L. c. 152, § 19(1), inserted by St. 1987, c.”

Bertocchi's Case, 791 N.E.2d 384 (Mass. App. Ct. 2003). · cites it 2× “” Although the word “agreement” was not qualified or defined in that section, among the “conditions and limitations” then in force were those contained in G. L. c. 152, § 19, as inserted by St. 1987, c.”

Weitzel v. Travelers Ins. Companies, 627 N.E.2d 926 (Mass. 1994). “The plaintiff contends that G. L. c. 152, § 19, permits employees to enforce obligations for payment under G.”

Stowe v. Mason, 289 Mass. 577 (Mass. 1935). “We do not find it necessary to decide whether the reasons which resulted in the exclusion of the report in the Gerry case also apply to the report in this case, for after a careful examination of the report itself we are convinced that if there was any error in admitting it, the…”

Gerry v. Worcester Consol. Street Ry. Co., 143 N.E. 694 (Mass. 1924). “G. L. c. 152, § 19, provides that every employer of labor shall keep a record of all injuries received by his employees; within forty-eight hours after the occurrence of an injury a written report thereof is to be made to the Industrial Accident Board, and reports are to be made…”

Wingate v. Emery Air Freight Corp., 423 N.E.2d 793 (Mass. App. Ct. 1981). “See G. L. c. 152, § 19, as amended through St.”

Lord v. Registrar of Motor Vehs., 199 N.E.2d 316 (Mass. 1964). “559, 567 , a similar result was reached with respect to reports of accidents to the Industrial Accident Board, made under G. L. c. 152, § 19 (prior to its amendment by St.”

McCarthy's Case, 849 N.E.2d 228 (Mass. App. Ct. 2006). “The MBTA indicated to McCarthy’s counsel that it was willing to enter into a § 19 agreement pursuant to G. L. c. 152, § 19, with McCarthy or it would initiate recoupment *544 proceedings, which it never did.”

Spaniol's Case, 963 N.E.2d 1201 (Mass. App. Ct. 2012). “See G. L. c. 152, § 19(1). Both the amount of § 36 compensation to be paid to the employee under the settlement agreement as well as the amount to be paid to the attorney for fees and costs were negotiated figures; in other words, they were less than what the employee originally…”

Rebeiro v. Travelers Ins., 536 N.E.2d 1103 (Mass. App. Ct. 1989). “See G. L. c. 152, §§ 19 and 48. It follows that the department had not taken even the first step toward review and approval of a lump sum settlement, and there was no order or decision to enforce under G.”

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— Mass. Gen. Laws ch. 152, § 19(1) — 3 cases

Lumbermens Mut. Cas. Co. v. Workers' Comp. Trust Fund, 36 N.E.3d 594 (Mass. App. Ct. 2015). “We turn first to the language of G. L. c. 152, § 19(1), inserted by St. 1987, c.”

Spaniol's Case, 963 N.E.2d 1201 (Mass. App. Ct. 2012). “See G. L. c. 152, § 19(1). Both the amount of § 36 compensation to be paid to the employee under the settlement agreement as well as the amount to be paid to the attorney for fees and costs were negotiated figures; in other words, they were less than what the employee originally…”

Guilfoyle's Case, 690 N.E.2d 1245 (Mass. App. Ct. 1998).

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