Decision  Wayne Ellingwood v. CLP Resources, Inc.

Date:	05/16/2012
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 032632-05
Location:	Boston

• Employee: Wayne Ellingwood
• Employer: CLP Resources, Inc.
• Insurer: American Casualty of Reading Pennsylvania

HORAN, J. The employee appeals from a decision dismissing his claim for §§ 13 & 30 medical benefits owing to his failure to pay the appeal fee mandated by G. L. c. 152, § 11A(2).¹ We affirm.

¹ 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. . . .