- A referral fee of 65% of the Average Weekly Wage in the Commonwealth is paid by the insurer for all matters that are referred to the Industrial Accident Board after Conciliation, as governed by MGL c. 152 §10 (5).
- In the event that the insurer failed to appear at a scheduled Conciliation, and such failure was not beyond the control of the insurer, the referral fee is 130% of the Average Weekly Wage in the Commonwealth.
- An insurer may appeal the assessment of a referral fee by submitting a letter to the Conciliation Manager within 30 days of the issuance of the first bill, as governed by 452 CMR 1.09.
- All referral fee appeals must include any relevant documentation.
- A Conciliator's assertion that an insurer was absent for a scheduled Conciliation shall be final, and the Administrative Review by the Conciliation Manager is limited to whether the higher assessment was a mistake and, if not a mistake, whether the absence of the insurer was beyond its control.
- The Conciliation Manager will make a finding within 30 days of the receipt of the appeal.
- An insurer's obligation to pay a referral fee does not delay the forwarding of the claim to the DIA Industrial Accident Board.
Referral Fee Appeals may be sent via mail, e-mail or fax to:
Department of Industrial Accidents
1 Congress Street, Suite 100
Boston, MA 02114-2017
FAX: (617) 727-4366
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