Executive Order  No. 436: Amending Executive Order No. 323

WHEREAS, Chapter 23E of the Massachusetts General Laws governs the establishment, responsibilities, and selection and appointment process of the Division of Industrial Accidents and the Industrial Accident Board; and

WHEREAS, Executive Order 323 delineates the procedures for the establishment and appointment of members to the Industrial Accident Board; and

WHEREAS, it is appropriate and necessary for Executive Order 323 to conform to the parameters set forth in said Chapter 23E;

NOW THEREFORE, I, Jane Swift, Governor of the Commonwealth of Massachusetts, by virtue of the authority vested in me as Supreme Executive Magistrate, do hereby amend Executive Order No. 323 by striking sections 2 and 4 and inserting in place thereof the following sections:

2. The Panel shall consist of thirteen members: the Governor's Chief Legal Counsel, the Director of Labor and Workforce Development, the Director of Economic Development, the Commissioner of the Division of Industrial Accidents, the Senior Judge of the Division of Industrial Accidents, and eight members to be appointed by the Governor, one of whom shall be a health care provider, one of whom shall be an attorney who does not practice workers' compensation law, one of whom shall be an attorney who represents claimants in workers' compensation matters, one of whom shall be an attorney who represents employers or insurers in workers' compensation matters, two of whom shall be representatives of business, and two of whom shall be representatives of organized labor. One of the representatives of business shall be the President of the Associated Industries of Massachusetts or his designee, and one of the representatives of organized labor shall be the President of the Massachusetts AFL-CIO or his designee. All members of the nominating panel shall serve at the pleasure of the Governor. The purpose of the Panel shall be to screen, interview and recommend to the Governor individuals who are qualified for appointment as Administrative Judges and Administrative Law Judges.

4. The Panel shall act by the concurrence of at least seven members. All records and deliberations with respect to candidates for the office of Administrative Judge or Administrative Law Judge shall be held in confidence by the Panel, but shall be available to the Governor, the Advisory Council and Executive Council as provided for in M.G.L. c.23E section 9.

Given at the Executive Chamber in Boston this 21st day of January in the year two thousand and two.

Jane M. Swift

Governor

Commonwealth of Massachusetts

William Francis Galvin

Secretary of the Commonwealth