Opinion
13-P-1750
11-06-2014
STEVEN LUPA & others v. SENIOR JUDGE OF THE DEPARTMENT OF INDUSTRIAL ACCIDENTS.
NOTICE: Decisions issued by the Appeals Court pursuant to its rule 1:28 are primarily addressed to the parties and, therefore, may not fully address the facts of the case or the panel's decisional rationale. Moreover, rule 1:28 decisions are not circulated to the entire court and, therefore, represent only the views of the panel that decided the case. A summary decision pursuant to rule 1:28, issued after February 25, 2008, may be cited for its persuasive value but, because of the limitations noted above, not as binding precedent.
MEMORANDUM AND ORDER PURSUANT TO RULE 1:28
Upon review of the briefs and record appendix and after oral argument, nothing has been made to appear that would cause us to reverse the judgment of the Superior Court.
Passing the question whether there are any specific statutory or regulatory provisions that prohibit the senior judge of the Department of Industrial Accidents from hearing or deciding cases, we agree with the Superior Court judge, for the reason, if none other, that "[t]he failure to exhaust administrative remedies here is fatal to the claim for judicial relief" from the agency's actions.
Judgment affirmed.
By the Court (Graham, Brown & Sullivan, JJ.),
Clerk Entered: November 6, 2014.