Decision  Satwant Saini v. Jeffco Fibers, Inc.

Date:	11/14/2016
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 044894-91
Location:	Boston

• Employee: Satwant Saini
• Employer: Jeffco Fibers, Inc.
• Insurer: One Beacon Insurance Co.

HARPIN, J. The employee appeals from a decision dismissing his claim for medical benefits due to his failure to pay the appeal fee, as required by G. L. c. 152, § 11A(2).² We affirm.

¹ Judge Levine, originally a member of the panel, has retired.

² General Laws c. 152, § 11A(2), provides in pertinent part:

When any claim or complaint involving a dispute over medical issues is the subject of an appeal of a conference order pursuant to section ten A, the parties shall agree upon an impartial medical examiner from the roster to examine the employee and submit such choice to the administrative judge assigned to the case within ten calendar days of filing the appeal, or said administrative judge shall appoint such examiner from the roster. The insurer or any claimant represented by counsel who files such appeal shall also submit a fee equal to the average weekly wage in the commonwealth at the time of the appeal to defray the cost of the medical examination under this section within ten days of filing said appeal . . . .