LegalFix

Section 6 - Senior Judges; Powers and Duties; Selection

MA Gen L ch 23e § 6 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

Section 6. The industrial accident board and the industrial accident reviewing board shall be under the supervision and administrative control of the senior judge. The senior judge shall direct and supervise the activities of all members of the board and the reviewing board. The commissioner shall assign such necessary support staff to the division as he deems necessary. The senior judge shall cause a statistical list to be maintained of all matters heard or conferred on by each board member along with a list of conference orders and decisions filed by each member and all lump sum settlements approved by the reviewing board and at the end of each month shall cause said list to be published forthwith and made available for inspection by the public. Every decision and order of any member of the board and every decision by the reviewing board shall be open to the public. Decisions of the reviewing board shall be indexed and published. Members of the industrial accident board and the industrial accident reviewing board shall be subject to the provisions of chapters two hundred and sixty-eight A and two hundred and sixty-eight B.

There shall be within the department, a division of dispute resolution, under the supervision and direction of a senior judge, who shall be appointed by the commissioner.

The senior judge shall be selected from among the current administrative judges or administrative law judges by the commissioner. The senior judge must possess the following qualifications:

(i) no less than two years of experience as an administrative judge or administrative law judge at the industrial accident board;

(ii) proven knowledge of chapter one hundred and fifty-two, its regulations and other relevant laws;

(iii) demonstrable administrative and management ability; and

(iv) superior writing skills as may be shown by hearing or review board decisions, law review articles or any other appropriate written materials.

The term of any administrative judge or administrative law judge who is appointed to serve as the senior judge under this section shall be coterminous with the governor. The senior judge may be removed by the governor upon the recommendation of the commissioner. The senior judge may appoint, subject to the approval of the commissioner, such personnel as are necessary for the performance of the senior judge's duties.

The senior judge shall be placed in job group M–X, step seven as set forth in section forty-six C of chapter thirty.

There shall be within the division of dispute resolution a conciliation unit. Such unit shall attempt the informal resolution of disputes, review and approve agreements, and perform such other duties as the senior judge may require.

The senior judge shall be responsible for the operation of the division of dispute resolution. The powers and duties of the senior judge shall include, but not be limited to, the following:—

(i) the initial training of newly appointed administrative judges and administrative law judges as to their responsibilities and powers including, but not limited to, the conduct of conferences and hearings, the prompt, clear, and concise writing of orders and decisions and the management of claims to assist workers in their return to work;

(ii) the establishment of an annual workers' compensation judicial training program to instruct all administrative judges or administrative law judges in matters related to their professional development;

(iii) the establishment of criteria, in conjunction with the commissioner, upon which to perform an annual review of each administrative judge and administrative law judge;

(iv) the fair allocation of all claims and complaints to ensure each administrative judge receives a balanced and equitable case load during the calendar year;

(v) the establishment of criteria under which a claimant may claim a hardship and request a conference on the first available date;

(vi) the training, supervision and review of conciliators, and the association, where feasible, of particular conciliators to particular judges for the purpose of fostering more effective conciliation of disputes.

(vii) the senior judge shall accept motions for expedited conferences relating to fraudulent behavior, illegal discontinuance of compensation, catastrophic injuries, medical emergencies, or denials pursuant to section fifteen A of chapter one hundred and fifty-two. Such session shall be held on a weekly basis if necessary. The motions and the procedure at the sessions shall conform to requirements set forth by the senior judge. The motion sessions shall be presided over by an administrative law judge or conciliator selected by the senior judge. If the administrative law judge, administrative judge or conciliator grants the motion for an expedited conference, said conference shall be held within fourteen days.

(viii) the development of a standard form for pre-conference memoranda to be prepared by the parties.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
Section 6 - Senior Judges; Powers and Duties; Selection