(1) The referral fee under MGL c. 152, § 10, in each case in which the insurer fails to appear for a scheduled conciliation shall be 130% of the average weekly wage in the Commonwealth. All referral fees under MGL c. 152, § 10 shall be computed according to the average weekly wage in the Commonwealth at the time of payment.
(2) At any time after the case has been assigned to the Industrial Accident Board, any party may petition the Commissioner for a stay of the proceedings for documented reasons beyond the control of such party or his attorney. On any such request, the Commissioner may grant a stay for no more than 60 calendar days. A list of all stays shall be compiled quarterly and shall be submitted to the advisory council.
(a) An insurer who is aggrieved by the assessment of a referral fee of 130% of the average weekly wage in the Commonwealth may seek an administrative review by the conciliation manager within 30 days of the issuance of the bill and shall include any relevant documentation with such request.
A conciliator's assertion that an insurer was absent for a scheduled conciliation shall be final, and the review shall be limited to the issues of whether the higher assessment was a mistake and, if not a mistake, whether the absence of the insurer was beyond such insurer's control.
Said manager shall make a finding within 30 days of receipt of a documented request for review.
(b) An insurer who is aggrieved by the finding of said manager shall have 14 days from receipt of said finding to request a hearing before the Commissioner or his designee, who shall schedule such hearing in Boston within 30 days of receipt of such request. At the hearing the employer shall be given the right to be represented by counsel. The issues at such hearing shall be limited to those that may be considered in the administrative review. The hearing shall not be subject to rules of evidence.
(c) No insurer shall be granted more than one administrative re-view for any referral of a case to the Division of Dispute Resolution.
(d) An insurer's obligation to pay a referral fee shall not delay the forwarding of the claim and the case to the Industrial Accident Board.
(3) At any proceeding within the Division of Dispute Resolution, the burden of going forward shall be on the party seeking benefits or on the insurer seeking modification or discontinuance of benefits.
(4) The responsibility for providing and paying for an interpreter when needed at the § 10A conference rests with the party that files the claim or complaint. Thereafter, responsibility for providing and paying for an interpreter, whenever one is needed, rests with the party appealing from the conference order. If both parties appeal from the § 10A conference order, the responsibility of providing and paying for such interpreter rests with the party that filed the claim or complaint.