1. Before a conciliator can refer an insurer's complaint to modify or discontinue compensation benefits to an administrative judge, the insurer must provide the employee, or the employee's designee, a copy of the wage schedule on which weekly benefits are being paid. 452 CMR § 1.08(5).

  2. Alternatively, the insurer must furnish an affidavit signed by the insurer's representative stating that the insurer requested the wage schedule, but the insured either would not, or could not, produce it. 452 CMR § 1.08(5). The employee, or the employee's attorney, may waive such requirement.

    Practice Note:

    A delay in obtaining the wage schedule, or affidavit, does not generate an attorney fee where the matter is subsequently resolved at, or before, any continued conciliation date.

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