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.
INSTRUCTIONS FOR PREPARATION AND FILING OF MOTION
1. No motion for expedited conference may be filed unless and until the underlying claim is first conciliated.
2. The reverse side of this form must be completed and signed by the legal representative of the moving party. Missing information may result in delay of assignment to a motion session.
3. The original and three (3) copies of the motion and any documents in support thereof must be mailed to:
Impartial Scheduling Unit
Department of Industrial Accidents
1 Congress St., Suite 100
Boston, MA 02114-2017
4. A copy of the motion and supporting documents must be mailed to the legal representative of the other party. (See Certificate of Service on reverse side of the form).
5. Return envelopes with sufficient postage pre-paid, pre-addressed to each interested party, must be submitted with the motion. If the Board elects to hear oral arguments on the motion, it will notify the parties of the date, time and place for hearing the motion. The signature of an attorney to a motion constitutes a certificate by him/her that he/she has read the motion and accompanying documents; that to the best of his/her knowledge, the information and belief there is a reasonable ground to support it; and that it is not interposed for delay. If it is determined that any party has filed or defended a motion for expedited conference without reasonable ground, the whole cost of the proceedings shall be assessed upon that party pursuant to MGL c. 152, § 14(1).
Print Form 125 - Motion For Expedited Conference
View Circular Letter 264 - Expanded Motion Session Under MGL c. 23E, § 6 issued March 10, 1992