The Commonwealth of Massachusetts
Department of Industrial Accidents
600 Washington Street
Boston, Mass. 02111

CIRCULAR LETTER NO. 264

TO: ALL INTERESTED PARTIES

FROM: JOSEPH W. JENNINGS III, SENIOR JUDGE

DATE: MARCH 10, 1992

RE: EXPANDED MOTION SESSION UNDER M.G.L. c. 23E, §6

The motion session which has been in operation since May 15, 1991 is now required by statute. (See c. 398. § 4 of the Acts of 1991). Moreover, the grounds for filing a motion for expedited conference have been expanded to include catastrophic injuries, medical emergencies and § 15A denials, as well as fraudulent behavior and illegal discontinuance of compensation.

Effective immediately, motions for expedited conference will be accepted where the basis therefore is anyone of the five reasons set out in the statute. Once the underlying claim has been conciliated, either party may file a motion for expedited conference. The form to be followed in preparing the motion is attached. Instructions appear on the reverse side of the motion form. These instructions must be followed exactly.

An administrative law judge will preside at the motion session. If a motion is allowed, an expedited conference will be scheduled as required by the statute within 14 days before an administrative judge. If the motion is denied the conference will be scheduled in regular order. If an administrative judge at an expedited conference issues an order finding violations of c. 152, § 14(1) and/or (2) concerning fraudulent behavior, on appeal an expedited hearing will be scheduled before that same judge on the next available unscheduled hearing date. If the order issued did not make findings pursuant to §14, the hearing will be scheduled in regular order.

By signing and filing a motion, the filing attorney certifies that to the best of his/her knowledge, information and belief, there is reasonable ground to support the motion and it is not interposed for delay. Costs may be assessed under § 14(1) if it is determined that the motion has been brought or defended without reasonable ground.