09/27/22 - Administrative Bulletin #13 - Dispute Resolution Process
Regarding the efficient movement of cases through the dispute resolution process. Clarifying the rules that Administrative Judges in all regions will enforce.
1/12/2022 - DIA Administrative Emergency Bulletin # 12 - All Hearings Will Be In Person
TO: All Parties
FROM: Omar Hernández, Senior Judge
RE: Return to Virtual Conferences
DATE: January 12, 2022
Due to the resurgence of the COVID-19 virus, Dispute Resolution will return to conducting Conferences and Lump Sum Conferences via the Virtual Q platform beginning January 18, 2022 and this change will remain in place until further notice.
CONFERENCES
- At approximately 2:00 PM on the evening prior to scheduled meeting, a link to the VirtualQ will be added to the Attorney Calendar.
- The link will display under the heading Today’s and Upcoming Web Meetings.
- This link, in a series of prompts, grants access to the Administrative Judges and Conciliators’ virtual waiting room.
- The link will be displayed and available only on the calendar of the attorney with a current Appearance Form 114 on file with the DIA (attorney of record).
- The Employee/Claimant is REQUIRED to attend the VirtualQ Conference.
- ALL attorneys must dress as if they are appearing In-Person. No hoodies, baseball caps, sweatshirts, fleece jackets, golf shirts, or other clothing that is inappropriate for a courtroom appearance. Professional courtesy and respect is owed to the Court and opposing counsel.
- Employee’s counsel is responsible to share the VirtualQ link with the Employee.
- It is the responsibility of the attorney of record to make the link available to any other attorney presenting on his/her behalf and to their respective clients.
- Once the link has been established no other notices or notification will go out from the DIA regarding the meeting.
- Virtual Conferences will be scheduled in the afternoon at half hour intervals beginning at 12:00 p.m.
- Conference notices will continue to be sent out six weeks in advance of the meeting.
- Read the information provided for joining the web meeting.
- Please make sure you have an active account.
- Parties are required to submit the Conference Memorandum (Form 140) no later than two business days BEFORE the scheduled Conference meeting.
- Parties are required to submit the Conference submissions (medical, non-medical, and hypothetical questions) no later than two business days BEFORE the scheduled Conference meeting.
- Please note that any additional medical documents that were not part of the Conference packet will only be accepted and forwarded if received by the Department at least fifteen (15) business days prior to the scheduled impartial examination.
- This rule was implemented in 2015 because impartial physicians review the board files many days before the impartial examination and the DIA cannot assure the parties that a physician will review the new medical evidence with little notice.
- It would be unreasonable for the Department to place the burden upon the physicians with busy medical practices to continuously check the file to determine whether new medical evidence had been imported.
- Employee’s counsel is responsible to provide the employee with a copy of the Conference order.
Lump Sum Settlement Conferences
- The parties may request a virtual meeting with an Administrative Judge to hear a Lump Sum Settlement Conference.
- If the request is granted, the Employee/Claimant is REQUIRED to attend the VirtualQ Lump Sum Conference.
Additional Resources
12/9/2021 - Administrative Bulletin #11: New Changes to Pre-Hearing Conference and Mediations
ADMINISTRATIVE BULLETIN 11
To: All Parties
CC: Administrative Judges and Judicial Support staff
From: Omar Hernández, Senior Judge
Re: New Changes to Pre-Hearing Conferences and Mediations
Date: December 9, 2021
The following changes are effective immediately.
Joint Pre-Hearing Memorandum and Pre-Hearing Conference
If the parties fail to timely submit a Joint Pre-Hearing Memorandum or schedule a Pre-Hearing Conference in accordance with Administrative Bulletin 10, the scheduled Hearing date will become a MANDATORY Pre-Hearing Conference and the parties will forfeit one of their three reschedule requests.
As a reminder, the parties are required to mark-up the Pre-Hearing Conference upon receipt of the 11A report. The parties must file, mark-up and argue all motions in advance of the Pre-Hearing Conference if practicable. If the parties need to use the Pre-Hearing Conference to argue motions, the moving party must ensure that the motion(s) are filed well in advance so that the responding party has sufficient time to file an opposition, if so desired.
The parties are required to submit their Joint Pre-Hearing Memorandum at least 5 business days BEFORE the Pre-Hearing Conference.
The Pre-Hearing Conference must occur no later than 10 business days BEFORE the scheduled Hearing date.
The Administrative Judge may reschedule the Hearing back into the queue (or provide a new date if available) if the parties fail to adhere to the aforementioned timeline.
Mediations
The employee and the adjuster are required to attend the virtual Mediation.
If the adjuster, for good cause, cannot be present, he or she shall be readily available by phone. This must be confirmed, in writing, by defense counsel.
If the employer plays a major role in whether a case can be settled, an employer representative must be present for the mediation.
Employee counsel must make a settlement demand in advance of the mediation.
Defense counsel must come to the mediation with settlement authority. If the parties are so far apart that settlement appears unlikely (e.g., valuation, liability/no-liability, etc.), please advise the mediating judge in advance so that a conference call can be scheduled to evaluate whether mediation is appropriate.
Parties must submit to the mediating judge, via email, a confidential mediation memorandum which outlines their perspective of the case as well as outstanding medical and legal issues. The mediation memorandum should also provide a history of prior negotiations, i.e., demands, offers, accepted/unaccepted injuries, etc.
The mediation memorandum is due forty-eight hours before the scheduled date of the mediation or it will be cancelled.
Employee’s counsel and defense counsel are required to share the virtual link to the Mediation with the employee and the adjuster/employer, respectively.
Employee’s counsel and defense counsel shall make the necessary arrangements to ensure that the employee and the adjuster/employer have the proper audio and video connection to join the Mediation.
The parties are responsible to arrange the mediation via a virtual platform and send an email link to the mediating judge within 2 days of the scheduled date.
Additional Resources
6/24/2021 - Administrative Bulletin # 10: Post COVID Change for Dispute Resolution Events
ADMINISTRATIVE BULLETIN #10
To: All Parties
From: Omar Hernández, Senior Judge
Re: Post-COVID-19 Changes for Dispute Resolution Events
Date: June 24, 2021
As you are aware, Governor Baker rescinded all remaining COVID-19 restrictions effective May 29, 2021. The purpose of this Administrative Bulletin is to outline how Dispute Resolution will be phasing out certain protocols that have been in place since March 16, 2020, and identifying those procedures that will remain in place or have been modified.
BRIEF SUMMARY
As of the week of July 5, 2021, all courtrooms will be available for use and the Judges may schedule matters without concern of courtroom scheduling conflicts.
As of the week of July 5, 2021, we will return to scheduling three Hearings per day during the Judge’s Hearing weeks.
As of the week of July 12, 2021, we will return to “In-Person” Conferences with all Conference times at 1:15 p.m. and we will be scheduling six Conferences per day during the Judge’s Conference weeks.
As the DIA and its stakeholders readjust to “In-Person” Conferences and Hearings, Conciliations will remain virtual.
Walk-In Lump Sum Settlements have been assigned to Administrative Law Judges for their review and approval only after review by a Conciliator as it is currently done.
DISPUTE RESOLUTION PROCEDURES
CONCILIATIONS
As the DIA and its stakeholders readjust to “In-Person” Conferences and Hearings, Conciliations will remain virtual. DIA will continue to communicate with its stakeholders regarding an in-person option for Conciliations. We will continue to conduct Conciliations through the VirtualQ Meeting system for the time being.
All Conciliation submissions should be sent directly to the Conciliator by email.
Please note that Section 36 evaluations can be done virtually but Conciliators will be available if an In-Person evaluation is required. Please contact the Conciliator in advance to schedule an In-Person Section 36 evaluation.
We will continue to provide a link, in a series of prompts, that will grant access to the Conciliator’s virtual waiting room. A link to the VirtualQ will be added to the Attorney Calendar at approximately 2:00 PM in the afternoon prior to the scheduled Conciliation.
The link will display under the heading Today’s and Upcoming Web Meetings. The link will be displayed and available only on the calendar of the attorney with a current Appearance Form 114 on file with the DIA (attorney of record). It is the responsibility of the attorney of record to ensure that the link is available to any other attorney presenting on his/her behalf and to their respective clients.
Once the link has been established no other notices or notification will go out from the DIA regarding the meeting. All information regarding the necessary steps to join the web meeting is available on the DIA website.
Notices for scheduled Conciliations will continue to be sent out two weeks in advance of the meeting.
If a party would like to withdraw a claim for a case that has not yet been referred to Dispute Resolution, please email the Form 109 to the assigned Conciliator and opposing counsel.
CONFERENCES
Beginning the week of July 12th, the DIA will return to conducting In-Person Conferences with all Conference times at 1:15 p.m. We will be scheduling six Conferences a day during the Judge’s Conference weeks.
Parties are required to submit ALL Conference submissions by e-mail and CMS Uploads where applicable (Form 140, medical documents, non-medical documents, and hypothetical questions) no later than two business days BEFORE the scheduled Conference meeting.
The parties will be limited to two reschedule requests per Conference. The parties will have to seek the approval of the Senior Judge if they exceed the amount of reschedule requests.
The Form 140 Conference Memorandum pdf document should be unlocked and signed by both parties and include the medical specialty and injured body part(s).
Please note that any additional medical documents that are not part of the Conference packet will only be accepted and forwarded if received by the Department at least fifteen (15) business days prior to the scheduled impartial examination. This rule was implemented in 2015 because impartial physicians review the medical packet days before the impartial examination. The DIA cannot assure the parties that a physician will review any new medical evidence with little notice. It would be unreasonable to place the burden upon the physicians with demanding medical practices to endlessly check the board file to determine whether new medical evidence had been imported.
Please note that it is not necessary to resubmit medical records each time the parties reschedule a Conference.
The Administrative Judge will have the discretion to conduct a virtual Conference on a pre-determined day during their Continued or Mediation Week.
If the Administrative Judge agrees to conduct a virtual Conference in lieu of an In-Person Conference, Employee's attorney shall make the necessary arrangements to ensure that the Employee has the proper audio and video connection to join the meeting.
The Administrative Judge will have the discretion to allow or deny the parties’ request for a virtual Conference.
Motions and Status Conferences
All Motion Sessions and Status Conferences will continue to be conducted through virtual platforms.
All motions must be filed at least fifteen business days prior to any proceedings.
Impartial Examinations and Appeals
Any communication with the Impartial Scheduling Unit is best through e-mail.
The parties shall continue to contact the 11A physician’s office to confirm whether the 11A examination will take place and whether the 11A physician requires a Covid Pre-Screening Form. The impartial physician’s telephone number can be found on the examination notice.
Beginning July 5, 2021, the parties WILL have to petition the Director to request an extension to file a late appeal.
The parties do NOT have to file a petition for late fee submission or a petition to extend time for fee submission.
Please disregard any Late Fee Notice automatically generated for appeals that have been created for orders that have been filed after March 3, 2020.
Please do not email a copy of the Impartial Fee check to the DIA as a copy of the check is not required.
No cover sheet is required if the following forms are submitted by e-mail: 46A, 109, 112, 112A or 121.
Any request to cancel or reschedule an 11A examination or request to submit additional medical records or request for a supplement/addendum report must be submitted to the Administrative Judge’s office.
Joint Pre-Hearing Memorandum and Pre-Hearing Conference
Pre-Hearing Conferences will continue to be conducted through virtual platforms.
The parties are required to submit their Joint Pre-Hearing Memorandum at least 5 business days before the Pre-Hearing Conference.
To enlarge the time to schedule the Pre-Hearing Conferences, the parties will now be required to mark-up the Pre-Hearing Conference upon receipt of the 11A report. This will provide the parties additional time to finalize the Joint Pre-Hearing Memorandum and present all motions.
At the time of the Pre-Hearing Conference, the parties shall submit the Joint Pre-Hearing Memorandum and be prepared to discuss the status of negotiations, identifying claims/defenses, stipulations, all motions and the identification, anticipated testimony and time needed for testimony of each expected witness.
The Pre-Hearing Conference must occur no later than 10 business days BEFORE the scheduled Hearing date.
The Administrative Judge may reschedule the Hearing back to the queue if the parties fail to submit a Joint Pre-Hearing Memorandum within the mandated timeline.
HEARINGS
Beginning the week of July 5, 2021, we will return to scheduling three Hearings a day during the Judge’s Hearing weeks with all Hearing times at 9:15 a.m.
Please be advised that if a case must be tried, the parties must be prepared to proceed on the scheduled Hearing date. Due to the high volume of Hearings in the queue, the parties will be limited to three reschedule requests per Hearing. The parties will have to seek the approval of the Senior Judge if they exceed the amount of reschedule requests.
The parties must continue to notify the Administrative Judge by e-mail forty-eight hours in advance to advise the Administrative Judge whether the Hearing is going forward.
The Insurer’s and Employee’s Hearing Memorandum, and the Employee Biographical Data sheet must be submitted to the Administrative Judge no later than five business days prior to the Hearing. (Via email in pdf format).
Any medical records and any agreed to exhibits must be bookmarked and received by the Administrative Judge no later than five business days prior to the Hearing. (Via e-mail in pdf format).
The parties shall attempt to schedule the deposition of any opinion witness prior to commencement of the Hearing.
The Administrative Judge will have the discretion to allow testimony for certain witnesses to be taken by a virtual platform.
Please note that the Administrative Judge may rescheduled the Hearing back to the queue if these steps are not followed.
Mediations
Please note that the Administrative Judges will continue to conduct Mediations on a virtual platform for the foreseeable future.
The Employee is required to attend the virtual Mediation.
Employee’s counsel is responsible to share the virtual link to the Mediation with the Employee. Employee's attorney shall make the necessary arrangements to ensure that the Employee has the proper audio and video connection to join the Mediation.
Lump Sum Settlements
Beginning the week of July 5, 2021, we will return to “In-Person” lump sum settlement conferences before Administrative Judges for approval.
All 46A conferences before Administrative Law Judges will continue to be conducted on virtual platforms for the foreseeable future.
Please note that a claim remittance form indicating zero balance is insufficient. Administrative Judges will not approve Lump Sum settlements without a Mass Health release.
Walk-In Lump Sum Settlements
Beginning July 12, 2021, Walk-In Lump Sum Settlements will be approved by Administrative Law Judges only after review by a Conciliator as it is currently done.
All Walk-In Lump Sum Settlement requests must be sent to the Conciliation Unit for review by a Conciliator before it can be sent to an Administrative Law Judge for approval.
No Walk-In Lump Sum Settlement will be approved by an Administrative Law Judge if it is not reviewed by a Conciliator.
We will maintain our current practice of handling Walk-In Lump Sum Settlement agreements by e-mail for the foreseeable future.
If necessary, a WebEx meeting will be available if either party is working with a difficult client and the parties require an Administrative Law Judge’s assistance.
For Walk-In Lump Sum settlements only, the parties shall continue to insert a line in the Lump Sum Agreement as well as in the employee’s affidavit that states that “the parties have discussed the use of e-signatures and agree that they will have the same weight and effect as an original signature”.
Section 15 Petitions
We will continue to maintain our current practice of handling Section 15 petitions by e-mail.
Instructions for requesting a lump sum hearing can be found on the Section 15 petition form.
If you are informed that your petition contains errors that need correcting, kindly correct the petition, and electronically resubmit the entire petition, including the signature pages, expenses, and fee agreement. The department will not accept and substitute single or multiple corrected pages of a previously submitted petition.
Reviewing Board Oral Arguments
The Reviewing Board will continue to maintain the current practice of conducting all Oral Arguments and other Hearings through virtual platforms or telephone conference calls.
Additional Resources
3/3/2021 - Administrative Bulletin # 9: Use of DIA Video Equipment and DIA Board Number Requests
2/26/2021 - Emergency Administrative Bulletin # 8: 2021 Expectations for Dispute Resolution
12/17/2020 - DIA Mandatory Pre-Screening Form
DIA Pre-Entry Screening Questionnaire
You will be visiting our office to attend a hearing. The DIA is taking additional steps to ensure the health and safety of our visitors and staff. Please take a moment to complete this form (See link at bottom) and return it 24 hours in advance of your scheduled Hearing. For Boston Hearings, please return the form to Marie Askew-Lee.
Additional Resources
11/4/2020 - Post-COVID Dispute Resolution Procedures - REMINDER
To: ALL PARTIES
From: Omar Hernández, Senior Judge
Re: Post-COVID Dispute Resolution Procedures-REMINDER
Date: November 4, 2020
Five weeks have passed since Dispute Resolution re-opened to begin conducting Hearings on a limited basis. With the re-opening, certain changes in Dispute Resolution were implemented in order to the
address the backlog of cases. These changes were specifically outlined in Emergency Administrative Bulletin #7 dated September 16, 2020. This bulletin can be found on the DIA website. I also
presented and discussed these changes at multiple Zoom Town Hall meetings across the state. I have outlined below important highlights from my presentation and Emergency Administrative Bulletin #7.
Failure to comply with procedures established in Emergency Administrative Bulletin #7 will result in a significant delay as the case will be placed at the end of the Hearing queue.
Pre-Hearing Conferences
The parties are required to contact the judge’s office within two weeks of receipt of the Hearing notice in order to schedule a Pre-Hearing Conference. Every effort must be taken to conduct the
Pre-Hearing Conference during that two-week period.
The parties shall submit the Joint Pre-Hearing Memorandum within two weeks of receipt of the hearing notice. The parties must be prepared to discuss all issues contained in the Pre-Hearing
Memorandum, and to schedule a motion conference if applicable. If the parties are unable to schedule a timely Pre-Hearing Conference, they still must submit the Pre-Hearing Memorandum to the
Judge within two weeks of receipt of the Hearing notice.
Hearings
The parties must notify the judge by email forty-eight hours in advance to advise the judge whether the Hearing is going forward.
The Insurer’s and Employee’s Hearing memorandum, and the Employee Biographical Data sheet must be received by the Administrative Judge no later than 5 days prior to hearing, via email in pdf
format.
Any and all medical records and any agreed to exhibits must be bookmarked and received by the Administrative Judge no later than 5 days prior to hearing, via email in pdf format.
Testimony via a virtual platform may be allowed for certain witnesses/persons who for COVID-19 reasons are not able to attend in person. The judge will decide whether this option is
appropriate.
Additional Resources
What to expect at the DIA when coming in for an in-person hearing during COVID-19 (Video)
Video: What to expect at the DIA when coming in for an in-person hearing during COVID 19
Skip this video What to expect at the DIA when coming in for an in-person hearing during COVID 19.Video: Cape Verde – Kriolu
Skip this video Cape Verde – Kriolu .Video: Chinese - 中文 - DIA个人听证会视频
Skip this video Chinese - 中文 - DIA个人听证会视频.Video: Portuguese – Português
Skip this video Portuguese – Português .Video: Russian – русский
Skip this video Russian – русский .Video: Spanish – Español
Skip this video Spanish – Español .Video: Vietnamese - Tiếng Việt - Video cho buổi điều trần trực tiếp tại
Skip this video Vietnamese - Tiếng Việt - Video cho buổi điều trần trực tiếp tại .9/16/20 - Joint Pre-Hearing Memorandum
Joint Pre-Hearing Memorandum.
Additional Resources
9/16/20 - Emergency Administrative Bulletin # 7: Dispute Re-Opening Procedures
EMERGENCY ADMINISTRATIVE BULLETIN 7
To: All Parties
From: Omar Hernández
Re: Dispute Resolution Re-Opening Procedures
Date: September 16, 2020
As you are aware, the Department of Industrial Accidents (DIA) will reopen its offices to the public on September 28, 2020, to resume limited in-person hearings. Due to the pandemic crisis, Dispute Resolution has had to make modifications to its processes, procedures and protocols. As we begin to schedule these first "in person" proceedings since the start of the pandemic, I want to stress that if a case must be tried, the parties must be prepared to proceed on the scheduled Hearing date. Due to all the moving parts that must be taken into consideration such as scheduling stenographers, adhering to the guidelines promulgated by the Governor’s office, ensuring that the Hearings in the queue are being heard and the cleaning of the courtrooms, there will be no last minute requests for a "short continuance" be it for settlement talks, witness unavailability, conflicts and so forth.
If this case does not go forward on the scheduled Hearing date, the case will return to the list of cases waiting to be tried. Therefore, this would be the appropriate time for the parties to discuss settlement or an agreement.
Pre-Hearing Conferences:
The DIA will be implementing mandatory Pre-Hearing Conferences for cases scheduled for Hearings. The parties will be required to mark-up their Pre-Hearing Conference to occur within two weeks of their receipt of the Hearing notice.
If they do not attempt to schedule the Pre-Hearing Conference to occur within that two week window, the Hearing may be rescheduled by the Administrative Judge. The parties shall submit the Joint Pre-Hearing Memorandum at the Pre-Hearing Conference and be prepared to discuss the following preliminary issues.
• Report on the status of negotiations
• Identifying claims/defenses,
• Stipulations;
• All Motions;
• Identification, anticipated testimony and time needed for testimony of each expected witness.
The Insurer’s and Employee’s Hearing memorandum, and the Employee Biographical Data sheet shall be received by the Administrative Judge no later than 5 days prior to hearing; (via email in pdf format). Any medical records and any agreed to exhibits must be bookmarked and
received by the Administrative Judge no later than 5 days prior to hearing; (via email in pdf format). The parties shall schedule the deposition of any opinion witness prior to commencement of the Hearing. Please note that the Administrative Judge may rescheduled the Hearing if these steps are not followed.
Testimony via a virtual platform may be allowed for certain witnesses/persons who for COVID-19 reasons are not able to attend in person. It will be up to the Administrative Judge to decide whether this option is appropriate.
Hearings:
• A limited number of courtrooms will be used to conduct in-person hearings. All other courtrooms will be marked "CLOSED" and public entry is prohibited.
• The parties must notify the judge by email forty-eight hours in advance to advise the judge whether or not the Hearing is going forward. During the hearing, only the attorneys and witnesses in that particular case will be allowed in the room.
• Please note that the courtrooms have a maximum capacity for the number of persons allowed at one time. For those cases where the number of persons exceed the capacity limit, the witnesses will be required to wait outside of the building until they are called in to testify.
• Each courtroom will be cleaned after each Hearing session.
• Number of Open Courtrooms Per Day:
- Boston - 3
- Fall River - 2
- Lawrence - 2
- Springfield - 2
- Worcester - 2
- Number of Hearings Per Day:
• One morning session in each courtroom
• One afternoon session in each courtroom
SUMMARY OF THE TIMELINE FOR THE NEW HEARING PROCEDURES
1. The parties receive the Hearing notice.
2. The parties shall mark-up their Pre-Hearing Conference to occur within two weeks of their receipt of the Hearing notice.
3. The parties schedule depositions.
4. The parties attend a virtual Pre-Hearing Conference and submit their Joint Pre-Hearing Memorandum
5. Five days before hearing, the parties shall electronically submit the Employee’s hearing memorandum, the Insurer’s hearing memorandum, the Employee’s biographical data sheet and all medicals to be submitted.
6. The parties shall contact the Administrative Judge by email forty-eight hours prior to the Hearing to confirm that the case will be going forward.
Additional Resources
9/4/20 - DIA offices will resume Hearings on 9/28/20. Please review Administrative Bulletin # 6.
Administrative Bulletin # 6
To: All Interested Parties
From: Sheri Bowles, Interim Director
Re: Reopening of DIA Offices
Date: September 4, 2020
The Department of Industrial Accidents (DIA) will reopen its offices to the public on September 28, 2020, to resume limited in-person hearings. The Department reserves the right to adjust and make modifications to its processes, procedures and protocols based on guidance provided by federal,
state, and local officials as it relates to the COVID-19 pandemic. We will notify stakeholders of any changes.
The health and safety of our staff and all visitors to the DIA remain our highest priority. Protocols have been designed to ensure the safety of everyone and will be strictly adhered to. Any person who fails or refuses to abide by the guidelines set forth below will not be granted access to the DIA offices and/or will be asked to leave.
1. Prior Administrative Bulletin:
This bulletin shall replace the administrative bulletin issued on June 23, 2020 and will remain in place until further notice.
2. Scope:
This bulletin applies to all persons seeking entry to any DIA office, including Boston, Fall River, Lawrence, Springfield, and Worcester. In addition to compliance with this bulletin, persons entering the DIA offices shall comply with all other federal, state, and local orders, and building specifications as required by the DIA landlords regarding the COVID-19 pandemic.
3. Persons Prohibited Entry to the DIA Offices:
The following persons shall not enter the DIA Offices:
a. Persons not wearing a mask or cloth face covering. The mask/face covering must cover both the nose and mouth. When coming to the DIA, visitors should have their own masks or face coverings. The DIA will provide masks only as supplies allow.
b. Persons who have tested positive for COVID-19 or have been in close contact or live with a person who has tested positive for COVID-19 in the last 14 days.c. Persons who have been placed under quarantine in the last 14 days by a medical doctor or licensed healthcare provider.
d. Persons who have traveled to a high-risk area in the last 14 days. Additional information regarding the travel order can be reviewed by going to the following website, https://www.mass.gov/info-details/covid-19-travel-order.e. Persons who exhibit any COVID-19 symptoms, including but not limited to: temperature 100° or above, shortness of breath/difficulty breathing, recent loss of taste or smell.
4. What to Do if Not Permitted to Enter:
If any person is scheduled to appear for an in-person proceeding but is not permitted to enter for any reason/s listed in Section 3, the person shall proceed as follows:
a. If represented by an attorney, contact your attorney to either reschedule the proceeding or make necessary arrangements to participate through a virtual platform.
b. If not represented by an attorney or appearing pro se, please contact the judge’s office to reschedule the proceeding or make necessary arrangements to participate through a virtual platform. In addition, please contact opposing counsel.
5. Protocols Upon Entrance and While in the DIA Offices:
All persons shall comply with the following:
a. A mask or cloth face covering is required at all times. The face covering must cover the person’s mouth and nose at all times. Persons who need to testify during a hearing will be given a clear face mask. The face mask will be individually wrapped and provided at the time of testimony.
b. Members of the Massachusetts Bar shall present bar cards and then proceed to the main reception desk to check-in with the DIA representative. Bar members shall provide their name and phone number for contact tracing purposes. The DIA representative will direct the member to the appropriate courtroom.
c. All other visitors shall check-in with the security officer and undergo a security screening. Upon completion of the security screening, visitors should proceed to the main reception desk and check-in with the DIA representative. The visitor shall provide his/her name and phone number for contact tracing purposes. The DIA representative will direct the visitor to the appropriate courtroom.
6. Physical Distancing:
All persons shall engage in physical distancing by standing 6 feet apart from others when it is practical to do so. Signs will be posted for additional guidance.
7. Maximum Capacity:
The number of persons allowed in waiting areas, attorney rooms, attorney/client rooms and courtrooms will be limited to the maximum capacity for that room while also allowing for physical distancing. Signs will be posted for additional guidance.
a. The rooms not accessible to visitors will be cleared marked as “CLOSED”. Public entry is prohibited.
b. All parties must exit the DIA upon completion of their proceeding. This will allow time for cleaning and sanitizing before the next proceeding.
8. Hand Hygiene:
All persons entering the DIA offices are encouraged to engage in hand washing or using hand sanitizer. The DIA will endeavor to have hand sanitizer and disinfecting wipes available for use in various locations throughout the public space. Visitors are encouraged to bring their own hand sanitizer with them. Public restrooms will be available for hand washing.
9. Common Use Items Such as Pens:
All persons are encouraged to bring their own pens to sign documents. This will help reduce the number of common touch points. The use of the printer and copier in the attorney room will be permitted. Disinfecting wipes will be available to clean the machines before and after use.
The following changes will be implemented pursuant this administrative bulletin:
10. Hearings:
1. A limited number of courtrooms will be used to conduct in-person hearings. All other courtrooms will be marked “CLOSED” and public entry is prohibited.
The parties must notify the judge by email forty-eight hours in advance to advise the judge whether or not the Hearing is going forward. During the hearing, only the attorneys and witnesses in that
particular case will be allowed in the room.
a. Number of Open Courtrooms Per Day:
• Boston – 3
• Fall River – 2
• Lawrence – 2
• Springfield – 2
• Worcester – 2
b. Number of Hearings Per Day:
• One morning session in each courtroom
• One afternoon session in each courtroom
c. Testimony via a virtual platform may be allowed for persons not able to attend in person.
Each courtroom will be cleaned after each session.
11. Microfilm-Insurance Room Access:
Access will be granted by appointment only on Mondays, Wednesdays, and Thursdays between 9 a.m. and 12 p.m. Please call 617.727.4900 to schedule an appointment.
As a reminder, Conciliations, Conferences, Lump Sum Conferences, Section 15 Petitions, OEVR Mandatory and Team Meetings and Stop Work Order Hearings will continue to be conducted via phone conference, WebEx, or other similar virtual platform until further notice.
Your cooperation and patience during this time is greatly appreciated. Please contact us with any questions at (617) 727.4900 or visit our website, www.mass.gov/dia.
Additional Resources
6/23/2020 - Administrative Bulletin # 5
EMERGENCY ADMINISTRATIVE BULLETIN #5
To: All Parties
From: Omar Hernández, Senior Judge
Re: Dispute Resolution Update under the COVID19 crisis
Date: June 23, 2020
I truly appreciate everyone’s cooperation in overcoming the many challenges we have faced during this health crisis. I know that all of you are anxious to return to practicing in person at the DIA and have many questions as to the future for Dispute Resolution events. I hope this memo will provide you with answers to those questions.
We continue to make great progress with the Video Connect application that will streamline all the WebEx meetings that are currently in effect for Conciliations and Conferences. Testing will begin next week and if everything goes as plan, I anticipate a roll out date in July. This application will eliminate our staff’s current practice of manually scheduling WebEx meetings with the parties. I recently spoke with Madeline Pantzer, Chief of Adjudication for New York State Workers’ Compensation Board regarding their implementation of the Video Connect application in their courtrooms. Ms. Pantzer spoke very highly of the application, specifically noting that it was user-friendly and efficient.
We will continue to virtually conduct Conciliations and Conferences through the WebEx platform and if necessary, via telephone conference calls, until at least to the end of this calendar year. I strongly encouraged you all to utilize the WebEx platform and become more familiar with its functions and move away from conference telephone calls. I understand that some of you may be hesitant to embrace new technological tools, but I am confident that it will be a seamless transition just like our shift to the paperless document system.
Conciliations:
We will continue to maintain our current practice and virtually conduct all Conciliations through WebEx meetings or telephone conference calls until the end of the calendar year.
Please note that effective July 1, 2020, the DIA will no longer accept Forms 105 and 113 via US Mail. All Forms 105 and must therefore be emailed to: DIA-Form105conciliation@mass.gov and all Forms 113 must therefore be emailed to: DIA-Form113conciliation@mass.gov Please include the DIA board number in the upper right corner of Forms.
Conferences:
We will continue to maintain our current practice and virtually conduct all Conferences through WebEx meeting or telephone conference calls until the end of the calendar year.
Hearings:
We have suspended the scheduling of Hearings. We will not schedule Hearings until the DIA offices are permitted to re-open. Once the DIA offices can re-open to the public, we will begin to schedule Hearings while adhering to courtroom capacity restrictions.
I strongly encourage all parties to review their cases awaiting Hearing and determine those cases that are ripe for settlement or mediation. Once the parties have made that determination, I urge the parties to contact the judge’s office to schedule a Status Conference to begin mediation or settlement discussions.
I have been asked whether the DIA will consider conducting Hearings through WebEx meetings. I have explored this issue with many members of the bar and our judges. I appreciate the fact that many of you, including myself, have expressed skepticism about the use of remote hearings, largely in part from evidentiary concerns or the ability to fully assess the witness. Virtual meetings can make it harder to process non-verbal cues like facial expressions, the tone and pitch of the voice, and body language. I believe that there are too many challenges to properly conduct virtual Hearings at this time.
Lump Sum Settlement Agreements:
We will continue to maintain our current practice of handling Lump Sum Settlement agreements by email until the end of the calendar year. If necessary, a WebEx meeting will be available if either party is working with a difficult client and the parties require a judge’s assistance.
The parties shall continue to insert a line in the lump sum agreement as well as in the employee’s affidavit that states that “the parties have discussed the use of e-signatures and agree that they will have the same weight and effect as an original signature”.
The Lump Sum Settlement agreement affidavits do not need to be notarized.
Section 15 petitions:
We will continue to maintain our current practice of handling Section 15 petitions by email until the end of the calendar year.
ALJ Oral Arguments:
We will continue to maintain our current practice of conducting all Oral Arguments through WebEx meeting or telephone conference calls until the end of the calendar year.
I continue to work with contractors to ensure that all measures are taken to provide a safe working environment in all the DIA offices for our staff and the public. Again, I thank you all for your dedication and hard work in successfully handling all the cases during the last hundred days of this health crisis.
Please stay safe during these difficult times.
6/10/2020 - Effective 7/1/2020 Forms 105 and 113 must be emailed
Effective July 1, 2020, the DIA will no longer accept Forms 105 via US Mail. All Forms 105 must therefore be emailed to:
Please include the DIA board number in the upper right corner of Forms 105. Forms 105 not submitted via email will not be reviewed or considered for approval. You do not need to include a coversheet.
Effective July 1, 2020, the DIA will no longer accept Forms 113 via US Mail. All Forms 113 must therefore be emailed to:
Please include the DIA board number in the upper right corner of Forms 113. Forms 113 not submitted via email will not be reviewed or considered for approval. You do not need to include a coversheet.
5/11/2020 - Administrative Bulletin # 4: Online Filing
ADMINISTRATIVE BULLETIN #4
To: All Interested Parties
Date: May 11, 2020
RE: Electronic Form Filing
FROM: Bill Taupier, Director of Administration
________________________________________________________________________________
In response to the COVID-19 pandemic and the Stay-Home Advisory implemented by Governor Baker, the Department has had to make modifications to our operating protocols. Effective May 26, 2020 we will require certain forms be completed on-line via our website and filed electronically. The implementation of online filing will ensure a more efficient workflow process as we continue to navigate the recommendations by federal and state officials as it relates to pandemic. Therefore, the DIA will no longer accept or process paper forms that are received via postal mail, facsimile or email attachment (*with exceptions noted below). Please be advised that the following forms are required to be completed online via our website and filed electronically going forward:
- Form 101 Employer’s First Report of Injury
- Form 103 Insurer’s Notification of Payment
- Form 104 Insurer’s Notification of Denial
- Form 106 Insurer’s Notification of Modification/Termination During Pay W/O Prejudice Period
- Form 107 Insurer’s Notification of Modification/Termination/Resumption of Weekly Compensation
- Form 108 Insurer’s Request for Discontinuance/Modification (*Supporting docs. must be faxed - see form
- instructions below)
- Form 110 Employee’s Claim (*Supporting docs. must be faxed – see form instructions below)
- Form 114 Attorney’s Appearance of Counsel
- Form 115 Third Party Claim/Lien
- Form 116 Request for Lump Sum Conference
*Form 108 & Form 110 attachments: Please be advised, claims for compensation and discontinuance requests must be accompanied by proper supporting documentation in accordance with M.G.L. c. 152, §7G & 452 CMR 1.07. When filing electronically, fax the additional documents to (617) 727-4551 or email them to DIA-docattach@mass.gov . Each electronic filing is given a transmittal ID number you must reference when sending the attachments. Filing instructions are provided on the electronic forms. The above email address is for the attachments ONLY.
Also, we will issue notices, conference orders and decisions electronically. Attorneys and insurance carriers with CMS accounts have access to the required forms for electronic filing via the website. To access the online forms from your CMS calendar account, go to the calendar page and click on “online forms” on the top right side of the calendar. For online filing accounts (OLF/OLI) the link is located on the application tree on CMS.
We have added a field on the Form 110 to capture the injured worker’s email address. To check the status or make changes to your email address, please send an email to Francisco.Pena@mass.gov.
Sign up for an online account with the DIA
Thank you for your continued cooperation and support.
Additional Resources
5/5/2020 - All in-person proceedings and meetings are suspended through 5/18/2020
All in-person proceedings and meetings are suspended through May 18, 2020.
5/1/2020 - Forms that MUST be filed via an online account
Just a reminder that effective Monday, May 23, 2020, the DIA no longer accepts or processes paper forms. The following forms must be completed online via our website:
- Form 103 Insurer’s Notification of Payment
- Form 104 Insurer’s Notification of Denial
- Form 106 Insurer’s Notification of Modification/Termination
- Form 107 Insurer’s Notification of Modification/Termination/Resumption of Weekly Compensation During Pay W/O Prejudice Period
- Form 108 Insurer’s Request for Discontinuance/Modification
- Form 110 Employee’s Claim
- Form 114 Attorney’s Appearance of Counselm 115 Third Party Claim/Lien
- Form 116 Request for Lump Sum Conference
All of the above listed forms MUST be filed electronically using the DIA’s CMS Portal. All attorneys and insurance carriers with CMS accounts have access to the above forms for electronic filing via the website. To access the online forms from your CMS calendar account, go to the calendar page and click on “online forms” on the top right side of the calendar. As of the above date DO NOT mail the forms listed in paper format. Any of the forms above received in paper WILL NOT be processed.
4/28/2020 - Emergency Administrative Bulletin # 3: Impartial Exams
EMERGENCY ADMINISTRATIVE BULLETIN #3
To: All Parties
From: Omar Hernández, Senior Judge
Re: Impartial Examinations - COVID-19 Screening
Date: April 27, 2020
Please be advised that in order to decrease the risk of propagating the current novel coronavirus as a direct result of impartial examination, some 11A physicians may require certain COVID-19 screening protocols before proceeding forward with an examination. Although the COVID-19 screening process for the medical appointments may differ among the impartial physicians, the screening protocols will more than likely remain in place as long as social distancing is still in force.
Therefore, it is critically important that the claimant/examinee contact the impartial physician’s office as soon as possible to confirm that the impartial physician’s office is opened and conducting impartial examinations and, if so, determine whether or not the impartial physician has a COVID-19 screening protocol in place.
In order to limit inter-examinee contact, some impartial physicians may ask the examinee to wait in the car until exactly the time of the appointment. Some physicians may not permit examinees to enter the premises early or wait with strangers in the waiting room as they will need time to sanitize and ventilate the waiting and clinic areas between each patient.
If the interview yields reasons to suspect infection by coronavirus, the appointment will have to be rescheduled. If the examination has been canceled and/or rescheduled, please contact the Judge’s office and the Impartial Scheduling clerk with the instructions you received from the impartial physician’s office.
Lastly, the DIA appreciates the fact in light of this unprecedented global health crisis that some claimants may decide to heed Governor Baker's stay at home order due to their individual risk factors and COVID 19 destructive impact. The claimant may petition the administrative judge that the impartial medical examination be rescheduled.
The DIA will continue to assess this situation and make every effort to keep everyone safe until the dangers posed by this epidemic to all involved are thoroughly past us.
Additional Resources
4/17/2020 - Administrative Bulletin: Rates for Service under the WC Act - Telehealth
Administrative Bulletin
To: All Interested Parties
From: Sheri Bowles, Interim Director
Re: Rates for Services Under the Workers’ Compensation Act – Telehealth
Date: April 17, 2020
______________________________________________________________________________
Pursuant to Governor Baker’s State of Emergency Order in response to the COVID-19 pandemic, telehealth services will be allowed under M. G. L. c. 152 § 13(1) and § 30, and are effective for services beginning March 16, 2020 and will remain in place until the State of Emergency has been lifted by Governor Baker.
If the treatment has been deemed reasonable, necessary, and appropriate, the codes and rates for services as outlined in 114.3 CMR 40.00 shall be utilized. The Place of Service (POS) code shall be “02” to denote that the service has been delivered via telehealth.
The Department is not imposing specific requirements for technologies used to deliver services via telehealth. However, health care practitioners must inform patients of any relevant privacy considerations.
Regulatory Authority:
114.3 CMR 40.00, M. G. L. c. 118G, M. G. L. c. 152 § 13(1) and 30.
Link to Rates for Service under Workers’ Compensation Act:
https://www.mass.gov/doc/rates-for-services-under-mgl-c-152-workers-compensation-act-april-1-2009-0/download
Additional Resources
4/17/2020 - There is an updated Sec. 15 Petition located on our Alphabetical Forms List.
There is an updated Sec. 15 Petition located on our Alphabetical Forms List and under Key Resources.
4/16/2020 - Status Conferences during the Health Emergency Crisis
To: All Parties
From: Omar Hernández, Senior Judge
Re: Status Conferences during the Health Emergency Crisis
Date: April 16, 2020
The Commonwealth’s Stay at Home Order has prevented the DIA from conducting Hearings during this emergency health crisis. In an effort to address this issue, the DIA will begin conducting Status Conferences pursuant to the following protocol.
● The parties must send a written request to the judge via email and indicate the reasons why a Status Conference is necessary and what the parties hope to accomplish during the Status Conference.
● The parties must attach any motions or relevant documents supporting the request so the judge may review and prepare ahead of time.
● Upon reviewing the request, the judge will determine if a Status Conference is necessary and schedule a date and time for the conference call or WebEx meeting.
● If the parties merely want to report on the status of a case and believe that a conference call or WebEx meeting is not required, they can simply submit a written update to the judge via a direct email.
Additional Resources
4/1/2020 - All in-person proceedings and meetings are suspended through May 4, 2020.
All in-person proceedings and meetings are suspended through May 4, 2020.
3/31/2020 - Uniform Lump Sum Settlement Employee Affidavit
3/30/2020 - DIA ER Administrative Bulletin # 2 for Updated Protocols for Dispute Resolution
Emergency Administrative Bulletin No. 2
To: All Parties
Impartial Physicians
DIA Staff
From: Omar Hernández, Senior Judge
Re: Updated Protocols for Conferences/11A Examinations/Appeals/Section 15 Petitions/Lump Sum Settlements/Withdrawal of Claims or Complaints
Date: March 30, 2020
Conferences
- At some point during the day of the Conference, the parties will receive a notice, telephonic or electronic, advising them the Conference is about to begin.
- The parties should be prepared to be available all day long. Many judges will be beginning their Conferences in the morning.
- The employee is not required to be present with his/her attorney for this Conference.
- If the employee’s/insurer’s attorney wishes to include their client in the virtual Conference from a separate location, the employee’s/insurer’s attorney office is responsible for connecting their client to the video conference.
- The employee’s/insurer’s counsel would need to inform the judge that their client will be present, but he/she would need to make the connection.
- All parties will be responsible for notifying their client of the judge’s Conference Order as the judicial support staff will be not mailing hard copies for the extent of this emergency crisis.
11A Impartial Examinations
- For all 11A impartial examinations scheduled from now until further notice, please contact the 11A physician’s office to confirm whether or not the examination will take place. The impartial physician’s telephone number can be found on the examination notice.
- If the examination has been canceled and/or rescheduled, please contact the Judge’s office and the Impartial Scheduling clerk with the instructions you received from the physician’s office.
BOSTON CASES
(By last name of injured worker)
A - L
Paul Burdette, (857) 321-7426
paul.burdette@mass.govM - Z
Ingrid Askew, (857) 321-7327
ingrid.askew@mass.govFALL RIVER CASES
Marcy Ytkin, 508-689-6312
marcy.ytkin@mass.govLAWRENCE CASES
Thomas Ross, (978) 683-6420, Ext. 3965
thomas.ross@mass.govSPRINGFIELD CASES
Marcy Ytkin, 508-689-6312
marcy.ytkin@mass.govWORCESTER CASES
Thomas Ross, (978) 683-6420, Ext. 3965
thomas.ross@mass.gov
- Please note that the 11A physicians will not be permitted to conduct videoconference examinations and record reviews are not permitted.
Appeal of Conference Orders - Form 121
- All appeals (Form 121) should be emailed to Impartial Scheduling Unit (ISU) to any of the individuals listed below. The appeal check must still be mailed to the DIA Boston office. The check should include the DIA board number and the Employee’s name.
Deborah Keefe, ISU Manager
deborah.keefe@mass.gov
Maryanne Fitzpatrick, ISU Supervisor
maryanne.fitzpatrick@mass.govIngrid Askew
ingrid.askew@mass.govPaul Burdette
paul.burdette@mass.govJuliett Cruickshank
juliett.cruickshank@mass.gov
- Please note that any appeal of a Conference order issued from March 3, 2020 until further notice, will not be marked as late. Until further notice, the parties do not have to petition the Director to request a petition for late appeal or a petition for late fee submission or petition to extend time for fee submission.
- Please disregard any Late Fee Notice automatically generated for appeals that have been created for orders that have been filed from March 3, 2020.
Section 15 petitions
- All Section 15 petitions should be emailed in PDF form to the Section 15 Unit.
Edna Smith, Section 15 Unit Manager
edna.smith@mass.gov
- If you are informed that your petition contains errors that need correcting, kindly correct the petition and electronically resubmit the entire petition, including the signature pages, expenses and fee agreement. The department will no longer be able to accept and substitute single or multiple corrected pages of a previously submitted petition.
Lump Sum Settlements
- Lump Sum Settlements should be submitted in PDF forms.
- For the parties’ convenience during this crisis, a uniform format for the employee’s affidavit will be available on the DIA website.
Notification of Withdrawal of Claim or Complaint - Form 109
- All Notifications of Withdrawal of Claim or Complaint should be emailed to:
Deborah Keefe, ISU Manager
deborah.keefe@mass.govMaryanne Fitzpatrick, ISU Supervisor
maryanne.fitzpatrick@mass.gov
FAX NUMBERS
Boston Admin. Judges (617) 727-6477
Boston Adm. Law Judges (617) 727-7122
Boston Conciliation (617) 727-4366
Impartial Med Unit (617) 727-6974
Fall River Judges (508) 672-8667
Fall River Conciliation (508) 672-0779
Lawrence (978) 683-3137
(978) 683-4168
Springfield (413) 784-1138
Worcester (508) 798-7822
(508) 753-4780
Additional Resources
3/26/2020 - Submitting Documents to the Workers' Compensation Trust Fund
Effective immediately, all documents normally submitted to the Workers’ Compensation Trust Fund via U.S. mail should be submitted electronically in the manner specified below. With the exception of W-9 forms, which should be both emailed AND sent via U.S. mail and initial petitions for reimbursement pursuant to M.G.L. c. 152, section 37, which should be sent via U.S mail only, all submissions should be sent electronically as directed below:
Uninsured Claims Filed Pursuant to M.G.L. c. 152, §65:
- All documents relating to new cases or cases in which the assigned WCTF attorney is unknown should be emailed to lois.biswanger@mass.gov.
- All documents, except medical bills, related to existing cases should be emailed to the attorney assigned to the case, with a cc to lois.biswanger@mass.gov.
- All medical bills and supporting documentation should be emailed to lois.biswanger@mass.gov OR faxed to the WCTF at (617) 727-6659.
- W-9 forms should continue to be submitted with original signatures via U.S. mail, with a copy emailed to: arleen.fortes@mass.gov and a cc to lois.biswanger@mass.gov.
Petitions for Reimbursement Pursuant to M.G.L. c. 152 and Quarterly Submissions
- All initial petitions for reimbursement should continue to be sent via U.S. mail,
- All requests for quarterly reimbursement should be sent electronically to clarissa.cutts@mass.gov with a cc to lois.biswanger@mass.gov
All Other Mail
- All other mail should be sent electronically to lois.biswanger@mass.gov
Except as noted above, please send submissions solely through electronic mail and do not mail “hard copies” to the office.
Thank you for your assistance.
Additional Resources
3/19/2020 - Administrative Bulletin for Case Protocols Going Forward
ADMINISTRATIVE BULLETIN
TO: All Interested Parties
Date: March 19, 2020
RE: Temporary Dispute Resolution Protocols
FROM: Sheri Bowles, JD, Interim Director
__________________________________________________________________________
In light of emerging developments and public health concerns regarding the COVID-19 (coronavirus) pandemic and the actions ordered by the Governor, the Department of Industrial Accidents issues the following Case Protocol to protect the public health by reducing the risk of exposure to the virus and slowing the spread of the disease. These restrictions are temporary but will remain in place until it is determined to be safe to remove them.
CONCILIATIONS:
- The DIA will conduct conciliations without the parties’ appearance.
- All Conciliations will be conducted via conference call.
- The parties shall email all claims or complaints with supporting documents to the assigned conciliator as well as to opposing counsel 48 hours prior to the scheduled Conciliation.
- All files emailed to the Conciliators cannot exceed 5 MB.
- The parties shall include in the email their direct contact phone number.
- The Conciliator will initiate a conference call with the parties at an assigned time.
- The parties are to make themselves available at the assigned time.
- Because the DIA will be operating with a reduced staff during this period of time, the parties may be assigned a Conciliator that differs from the original conciliation notice.
- Please note that all in-person Section 36 evaluations are suspended.
- The Conciliation Unit will accept for approval, via email, efax, or U.S. Mail, all Agreements to Pay, Pay without Prejudice extensions and Section 36 agreements.
- The Conciliation Unit will accept for processing, Walk-In Lump Sum request, via email, efax, or U.S. Mail only.
CONFERENCES:
- The Administrative Judges will be conducting Conferences via WebEx from their respective regional offices.
- All Conferences scheduled from March 23, 2020 through April 3, 2020 will be conducted via WebEx.
- The parties will be required to download the free WebEx application.
- The WebEx application is compatible on all platforms. (i.e. laptop, tablet, smartphone).
- The parties must have a platform that has a microphone and a camera.
- The parties must upload all Conference packets 48 hours prior to the scheduled Conference. The required Conference packet protocol remains in place. (OCR, pagination, etc.)
- The parties must email the Conference Memoranda, Form 140, to the Judge 24 hours prior to the scheduled Conference.
- The parties will be provided with a WebEx access number.
- When the Judge is ready to hear the Conference, the parties will receive an email or phone call from the Judge’s office instructing the parties to call into the WebEx number.
- Please provide the Judge’s office with a direct contact phone number and email address.
- Once the Judge completes a Conference, the Judge’s office will contact the parties next on the docket list.
- Because the DIA will be operating with a reduced staff during this period of time, the parties may be assigned to an Administrative Judge that differs from the original Conference notice.
APPEALS:
- The DIA is temporarily suspending the requirement for late appeals and/or appeal fee checks for any Conference held from March 3, 2020 through April 3, 2020.
HEARINGS:
- All Hearings are suspended until it is determined to be safe to remove this restriction.
LUMP SUM SETTLEMENT AGREEMENTS:
- All lump sum settlement hearings are suspended until it is determined to be safe to remove these restrictions.
-
All lump sum settlement agreements must be mailed to the Judge with an Employee’s affidavit.
AGREEMENTS:
- · All other agreements must be emailed to the Judge with an Employee’s affidavit.
SECTION 15 PETITIONS:
- · All Section 15 Petition will be processed as normal and there will be no change.
3/19/2020 - Stop Work Order Hearings
All Stop Work Order hearings are suspended until further notice.
3/8/2020 - DIA suspends all In-Person Proceedings and Meetings until Friday, April 3
Effective March 8, 2020 DIA suspends all in-person proceedings and meetings until Friday, April 3, 2020.
| Date published: | March 24, 2020 |
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