- The deputy director reviews the completed Request For Speedy Conference because of Hardship Form 131 and Affidavit In Support of Employee's Request For Speedy Conference Because Of Hardship Form 132. [Both forms must be submitted.] The hardship, when granted, moves the case atop the queue of cases awaiting assignment for conference before the first available administrative judge. However, if a judge "owns" the case from a previous filing, the conference must wait for an opening before that judge. To be granted, the petition must be sufficiently compelling so that, were the other claimants to make the decision, they would allow the petitioner to move to the head of their line. [The reason-"I have no money, am out of work, and have medical bills"-in and of itself, does not entitle a petitioner to go ahead of other injured workers of substantially similar circumstances who are waiting their turn.] Carefully documented petitions are the most likely to be advanced, e.g., those which include a letter of eviction or foreclosure, which reference minor children, elderly dependents in the petitioner's household, or outstanding court-ordered child support obligations going unpaid. Petitions drafted without apparent thought or care, especially when submitted by counsel, are not successful. MGL c. 23E, § 6, paragraph v.
- Motion for Expedited Conference for Reasons other than Hardship
The Senior Judge accepts motions for expedited conferences for alleged fraudulent behavior, illegal discontinuance of compensation, catastrophic injuries, or medical emergencies. An administrative law judge or conciliator selected by the senior judge, presides over these motion sessions. If the motion is granted, a conference shall be held before an administrative judge within fourteen days. MGL c. 23E, § 6, paragraph vii.
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