(1) A conciliation held pursuant to MGL. c. 152, § 10, shall be presided over by a conciliator within the Division of Dispute Resolution. The conciliation shall be informal. The conciliator shall meet with the parties jointly and may, in his discretion, meet with each party separately.
(2) Failure of any party to appear at a conciliation with any information requested by the Department shall bar the introduction of such information in any subsequent conference, unless good cause at such subsequent conference why such information was not produced at the conciliation.
(3) A party to a conciliation may be represented by any person bearing written authority to sign agreements as to compensation for such party. Any person who is not a party or who does not bear such authority may attend a conciliation only with the consent of all parties.
(4) No conciliator shall be called to testify at any proceeding within the Division of Dispute Resolution regarding any issue which has come before him as a conciliator.
(5) Before a conciliator can refer an insurer's complaint to modify or discontinue compensation benefits to the Industrial Accident Board, the insurer must have provided to the employee or the employee's designee, a copy of the wage schedule upon which weekly benefits are being paid.
Alternatively, the insurer shall furnish an affidavit signed by a representative of the insurer stating that the wage schedule has been requested by the insurer, but the insured would not or could not produce such a schedule.
The employee or the employee's attorney may waive such requirement but in no instance shall a delay in obtaining the wage schedule or affidavit generate an attorney's fee where the matter is subsequently resolved at or before any continued conciliation date.
Where a conciliator finds that the insurer unreasonably failed to provide such wage schedule or affidavit, the complaint shall be withdrawn without prejudice.
(6) Whenever a claim or complaint is withdrawn without prejudice pursuant to MGL c. 152, § 10(1), such withdrawal shall not affect the rights of any party under MGL c. 152, §41.
(7) Claims in which liability is contested shall be accompanied by all relevant medical records completed and available to the claimant or the claimant's representative at the time the claim is filed which contain any history of the injury for which treatment is being sought or which contain opinions by medical personnel as to the nature and causation of the injury or condition being treated. Failure to provide such records at the time of conciliation shall be grounds for withdrawal without prejudice of the claim by a conciliator.
(8) Claims and complaints filed without substantial compliance with the requirements of 452 CMR 1.07(2) shall be withdrawn by the conciliator without prejudice at conciliation unless waived by the opposing party at or before the conciliation.
(9) A claim for reimbursement under MGL c. 152, §§ 37 and 37A will be scheduled for conciliation in the Boston Office unless the parties agree in writing, at the time of the filing, that it is to be adjudicated at a specified regional office.
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