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Ray's Case

Appeals Court of Massachusetts
May 6, 1980
403 N.E.2d 1199 (Mass. App. Ct. 1980)

Opinion

May 6, 1980.

J. Norman O'Connor, Jr., for the insurer another.

Thomas A. Boyle, III, for the employee.


The employee filed a claim for workmen's compensation with the Industrial Accident Board because of injuries alleged to have arisen out of and in the course of her employment. A conference was held before a single member of the board, pursuant to the provisions of G.L.c. 152, § 7, as appearing in St. 1972, c. 742, § 1. A denial of payment order was filed by the single member on January 13, 1977. The employee did not request a hearing within the time limited by § 7. On July 21, 1978, the employee filed a petition for leave to file a claim late in the Superior Court pursuant to G.L.c. 152, § 8A, as amended by St. 1976, c. 392. After a hearing the judge entered an order allowing the petition. The employer and the insurer have appealed. The effect of that order was to remove a procedural barrier to the employee's continued litigation of her claim. It was thus interlocutory in nature and is not properly before us. Compare Pereira's Case, 313 Mass. 774, 775 (1943); Batchon's Case, 333 Mass. 605, 606 (1956). Workmen's compensation cases may not be appealed on a piecemeal basis. Appellate review of the correctness of the judge's order must await a final judgment of the case on its merits. Assuncao's Case, 372 Mass. 6, 8 (1977).

Appeal dismissed.


Summaries of

Ray's Case

Appeals Court of Massachusetts
May 6, 1980
403 N.E.2d 1199 (Mass. App. Ct. 1980)
Case details for

Ray's Case

Case Details

Full title:FLORENCE C. RAY'S CASE

Court:Appeals Court of Massachusetts

Date published: May 6, 1980

Citations

403 N.E.2d 1199 (Mass. App. Ct. 1980)
403 N.E.2d 1199

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