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State of Massachusetts Counsel II in Boston, Massachusetts

The Department of Industrial Accidents (“DIA”) administers the Commonwealth's Workers' Compensation System and provides prompt and fair compensation to victims of occupational injuries and illnesses, seeing that medical treatment to injured workers is provided in a timely manner while acknowledging the needs of employers to contain workers' compensation insurance costs. The DIA is seeking a motivated and experienced attorney for the position of Assistant General Counsel (Counsel II) within the DIA’s Office of Legal Counsel. The successful candidate will be based in our Boston office at 2 Avenue De Lafayette, Boston, Massachusetts. Key Perks * No Billable Hours required * Thoughtful work/life balance – 37.5 hour work week * Hybrid work schedule after probationary period * Generous Paid Time-off including 12 holidays observed * Great health and dental plans Overview The DIA’s Office of Legal Counsel provides legal representation, advice, and support to the DIA to assist it in accomplishing its statutory mandate of providing and maintaining a workers' compensation system for the protection of the Commonwealth's workforce. We are committed to providing the highest quality legal services to all the DIA's various units and personnel. An Assistant General Counsel works under the direction of DIA General Counsel and their designees to investigate, defend, resolve, and otherwise handle claims brought against the Workers' Compensation Trust Fund ("WCTF"). The WCTF’s main purpose is to provide workers’ compensation benefits to injured employees of employers uninsured for workers’ compensation in violation of the Workers’ Compensation Act (G.L. c. 152). Attorneys with the DIA’s Office of Legal Counsel represent the WCTF before the DIA’s Division of Dispute Resolution in workers’ compensation claims brought by injured workers pursuant to G.L. c. 65 and in insurer reimbursement matters under Sections 35C, 37, and 37A, appearing for the WCTF at conciliations, conferences, hearings and Reviewing Board appeals. By agreement or through the courts of the Commonwealth, our attorneys also seek to recover from illegally uninsured employers the funds expended by the WCTF on claims their injured employees bring against it. All attorneys hired will, through the DIA’s General Counsel, be appointed as Special Assistant Attorneys General in order that they may, as necessary and warranted on behalf of the WCTF, file civil actions and pursue criminal proceedings against employers illegally uninsured under the provisions of M.G.L. chapter 152. Our attorneys also provide representation as well as legal research and opinions for the entire DIA and its various units. This representation includes working with the Massachusetts Attorney General in responding to litigation or complaints made against the DIA or the WCTF. Attorneys may be called upon to assist in hearings held regarding Stop Work Orders issued to uninsured employers, representing the DIA's Office of Investigations at such hearings, and collecting fines. Detailed Statement of Duties and Responsibilities Specific duties for this position include, but are not limited to: 1. Preparing case files and evidence concerning alleged disability, initial liability, and other issues and defenses relative to assigned claims. 2. Preparing motions, arguments (written and oral), and briefs for proceedings before the Division of Dispute Resolution and the courts of the Commonwealth. 3. Conducting legal research and communicating the results in writing and orally. 4. Coordinating activities of the Trust Fund Investigation Unit on assigned claims. 5. Coordinating all activities with other counsel and pro se claimants. 6. Undertaking depositions and preparing affidavits. 7. Interviewing and preparing witnesses for proceedings before the DIA Division of Dispute Resolution and for trial in the civil and criminal courts. 8. Negotiating agreements and settlements and obtaining authority for same from the General Counsel. 9. Drafting correspondence, reports, etc. as required. 10. Conducting legal research on topics affecting the DIA and communicating results to the General Counsel, as assigned. 11. Conducting ongoing training for in-house staff as appropriate. 12. Consulting with the Office of the Attorney General. 13. Consulting with the Office of the District Attorney on criminal actions. 14. Other related duties as assigned by the General Counsel. Preferred Qualifications 1. Knowledge of theory, principal, and practices of law, with a special emphasis on Workers' Compensation and litigation generally. 2. Trial experience and knowledge of both civil and criminal courtroom proceedings. 3. Strong background in tort and administrative law. 4. Strong negotiation background and abilities. 5. Strong interpersonal and analytical skills. 6. Ability to research and write legal opinions, briefs, and other documents. 7. Ability to translate law for laypersons. 8. Ability to manage a case load and court calendar independently. 9. Ability to work independently and collaboratively as the needs of a case require. 10. Knowledge of terminology, symbols, and standard abbreviations used in legal practice. 11. Knowledge of medical terminology. 12. Fluency/Proficiency in one or more languages in addition to English. 13. Appellate experience Interested candidates must submit a letter of interest and a résumé; a recent writing sample of 10 pages or fewer may be requested from those who advance beyond the first interview. After satisfactory completion of training and a probation period, a hybrid work schedule combining time in the office with time at home may be considered for a successful candidate with access to home internet service sufficient to work remotely. First consideration will be given to those applicants that apply within the first 14 days. MINIMUM ENTRANCE REQUIREMENTS: Applicants must have a Juris Doctor (JD) degree, admission to the Massachusetts Bar and (A) at least three years of full-time, or equivalent part-time, professional experience in the practice of law. Incumbents may be required to have a current and valid Motor Vehicle Drivers License at a Class level specific to assignment. *Comprehensive Benefits* When you embark on a career with the Commonwealth, you are offered an outstanding suite of employee benefits that add to the overall value of your compensation package. We take pride in providing a work experience that supports you, your loved ones, and your future. Want the specifics? Explore our Employee Benefits and Rewards! An Equal Opportunity / Affirmative Action Employer. Females, minorities, veterans, and persons with disabilities are strongly encouraged to apply. The Commonwealth is an Equal Opportunity Employer and does not discriminate on the basis of race, religion, color, sex, gender identity or expression, sexual orientation, age, disability, national origin, veteran status, or any other basis covered by appropriate law. Research suggests that qualified women, Black, Indigenous, and Persons of Color (BIPOC) may self-select out of opportunities if they don't meet 100% of the job requirements. We encourage individuals who believe they have the skills necessary to thrive to apply for this role. Job: Legal Services* *Organization: Department of Workforce Development *Title: *Counsel II Location: Massachusetts-Boston-2 Avenue De Lafayette Requisition ID: 240001AE