Opinion
Board No. 067525-91
Filed: July 24, 1996
REVIEWING BOARD DECISION
(Judges Wilson, Fischel and Kirby)
Morgan J. Gray, Esq. for the employee
David Perry, Esq., for the insurer
The employee appeals from the decision of the administrative judge who denied and dismissed her claim for benefits due to her failure to pay the impartial fee required by G.L.c. 152, § 11A.
When the administrative judge denied and dismissed this claim, he did so without benefit of the decision in Neff v. Commissioner of the Dep't. of Indus. Accidents, 421 Mass. 70, 76-77 (1995) ("[T]he workers' compensation statute implicitly confers on the commissioner the authority to grant waivers of the impartial medical examination fee required by G.L.c. 152, § 11A, for indigent claimants, even those represented by attorneys."). Subsequent to Neff, the Commissioner adopted an emergency regulation to address indigency waivers of the fee pursuant to G.L.c. 152, § 11A. Thereafter, the emergency regulation was replaced by Circular Letter No. 282, which established essentially the same procedure as set forth in the emergency regulation.
On the thin record before us, there is some indication that indigency may have caused the delay. Accordingly, we vacate the dismissal of the employee's claim and return the case to the senior judge for further proceedings consistent with the principles enunciated in Neff, and the procedures set forth in Circular Letter No. 282.
So ordered.
________________________ Sara Homes Wilson Administrative Law Judge
________________________ Carolynn N. Fischel Administrative Law Judge
________________________ Edward P. Kirby Administrative Law Judge
Filed: July 24, 1996