The Hearing is a more formal proceeding held before the same Administrative Judge who presided at the Conference. Massachusetts Rules of Evidence ( Massachusetts Guide to Evidence ) will apply and sworn testimony is taken. Witnesses are called and cross-examined by the opposing party. A stenographer records the proceedings.
The judge will render a final decision as a result of the Hearing in which he or she will either award benefits or not. The decision can be appealed to the Workers’ Compensation Reviewing Board by either party on an Form 112 - Appeal to Reviewing Board . This appeal can only be made of the party contends that the judge made an error or law in issuing their decision or during the Hearing. The appeal must be received within 30 calendar days from the date of the Hearing decision. There is an appeal fee equal to 30% of the State Average Weekly Wage (SAWW) in place at the time of the appeal. (For the current SAWW - Min and Max Comp Rate ) The fee may be waived by filing an Form 112A - Affidavit In Support Of Request For Waiver of Filing Fee Under Section 11C .