Massachusetts General Laws

Mass. Gen. Laws ch. 152, § 2A (2026)

Application of amendments of statute

✓ current as of July 2026

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Section 2A. Every act, in amendment of this chapter, in effect on the effective date of this section or thereafter becoming effective which increases or decreases the amount or amounts of compensation payable to an injured employee or his dependents including amounts deducted for legal fees shall, for the purposes of this chapter, be deemed to be substantive in character and shall apply only to personal injuries occurring on and after the effective date of such act, unless otherwise expressly provided. Every act, in amendment of this chapter, in effect on the effective date of this section or thereafter becoming effective which is not deemed to be substantive in character within the meaning of this section shall be deemed to be procedural or remedial only, in character, and shall have application to personal injuries irrespective of the date of their occurrence, unless otherwise expressly provided.

Notes of Decisions

Cited in 19 cases, 1960–2009 · leading case: Am. Mut. Liab. Ins. v. Commonwealth, 398 N.E.2d 491 (Mass. 1979).

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Am. Mut. Liab. Ins. v. Commonwealth, 398 N.E.2d 491 (Mass. 1979). · cites it 4× “We hold that reimbursement is proper due to the operation of G. L. c. 152, § 2A. 2 *400 We briefly summarize the evidence presented to the Industrial Accident Board (board).”

Daly's Case, 537 N.E.2d 1224 (Mass. 1989). · cites it 3× “Travelers also argues that the Legislature could not have intended to award attorney’s fees to an attorney seeking his own fee, where the employee-client has no real interest in the outcome of the appeal.”

Tobin's Case, 675 N.E.2d 781 (Mass. 1997). · cites it 2× “Section 107 states that “[ejxcept as specifically provided by [§§ 103-106], inclusive, of this act, all sections of this act shall, for purposes of [G. L. c. 152, § 2A], be deemed to be procedural in character.”

Oakes's Case, 851 N.E.2d 1119 (Mass. App. Ct. 2006). · cites it 3× “” G. L. c. 152, § 2A, inserted by St. 1946, c.”

Alves's Case, 884 N.E.2d 468 (Mass. 2008). “Steven Alves was employed by General Motors. He suffered a work-related injury within the meaning of G.”

Daly v. Commonwealth, 557 N.E.2d 758 (Mass. App. Ct. 1990). · cites it 2× “The debt due the plaintiff involves no new compensation benefits and the provisions of G.L.c. 152, § 2A, which make such benefits prospective, do not govern the question before us.”

Connolly's Case, 642 N.E.2d 296 (Mass. 1994). · cites it 2× “398, § 107: “Except as specifically provided by [§§ 103-106], inclusive, of this act, all sections of this act shall, for purposes of [G. L. c. 152, § 2A], be deemed to be procedural in *851 character.”

Ramirez v. Graham, 834 N.E.2d 754 (Mass. App. Ct. 2005). “See G. L. c. 152, § 2A; Mills v. Continental Transp.”

Taylor's Case, 691 N.E.2d 997 (Mass. App. Ct. 1998). “398, § 16, amended G. L. c. 152, § 2A, in part by adding the words “or decreases,” such that it now provides, in relevant part: “Every act, in amendment of this chapter, in effect on the effective date of this section or thereafter becoming effective which increases or decreases…”

E. Cas. Ins. v. Roberts, 755 N.E.2d 776 (Mass. App. Ct. 2001). · cites it 2× “Read together or separately, G. L. c. 152, § 2A, and St. 1991, c. 398, § 107, make it clear that the amendment creating the statutory penalty was deemed by the Legislature to be procedural in character, and that the Legislature intended that it be retroactively applied.”

Markos-Waiswilos v. Salem Hosp., 857 N.E.2d 501 (Mass. App. Ct. 2006). “’ G. L. c. 152, § 2A. See Connolly’s Case, 418 Mass.”

Sliski's Case, 676 N.E.2d 441 (Mass. 1997). “By virtue of G. L. c. 152, § 2A, those amendments “deemed to be procedural or remedial only .”

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