Massachusetts General Laws
Mass. Gen. Laws ch. 151A, § 40 (2026)
Application for review
✓ current as of July 2026
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Section 40. A claimant or interested party may, within thirty days after mailing to him of notice of the decision, file an application for a review of such decision by the board of review.
Notes of Decisions
Cited in 15
cases (3 in the last 5 years), 1978–2024 · leading case: O'Brien v. Dir. of the Div. of Emp. Sec., 472 N.E.2d 253 (Mass. 1984).
O'Brien v. Dir. of the Div. of Emp. Sec., 472 N.E.2d 253 (Mass. 1984). “The plaintiff’s application for review by the board of review, pursuant to G. L. c. 151A, §§ 40 and 41, was denied. On appeal to the District Court, the plaintiff argued that the notice of hearing failed to inform him adequately that the issue of his self-employment would be…”
Dohoney v. Dir. of the Div. of Emp. Sec., 386 N.E.2d 10 (Mass. 1979). “The bank appealed to the division’s board of review (G. L. c. 151A, § 40). The board assigned the matter to a single review examiner (G.”
Smith v. Dir. of the Div. of Emp. Sec., 382 N.E.2d 199 (Mass. 1978). “G. L. c. 151A, § 40. *564 The review examiner, speaking for the board, found "[fjrom disputed testimony .”
Glasser v. Dir. of the Div. of Emp. Sec., 471 N.E.2d 1338 (Mass. 1984). “3 The plaintiff’s application for review by the division’s board of review, pursuant to G. L. c. 151A, §§ 40 and 41, was denied. This decision was affirmed by the District Court judge.”
Trs. of Deerfield Academy v. Dir. of the Div. of Emp. Sec., 413 N.E.2d 731 (Mass. 1980). “” On December 19, 1978, the employer appealed from the decision of the director to the board of review (board) as authorized by G. L. c. 151A, § 40, claiming that the decision was “contrary to the evidence, contrary to the facts and to law.”
Pavian, Inc. v. Hickey, 895 N.E.2d 480 (Mass. 2008). “We reasoned that, because the statutory language neither specifies “any particular act required to perfect an appeal,” nor identifies any particular place in which an appeal must be filed, we would not unsettle the longstanding reliance on the postmark rule.”
Buchanan v. Dir. of Div. of Emp. Sec., 471 N.E.2d 345 (Mass. 1984). “G.L.c. 151A, §§ 40, 41. When the board of review affirmed the decisions of the director denying benefits, the plaintiffs failed to obtain judicial review of the decisions in State court.”
Buchanan v. Dir. of the Div. of Emp. Sec., 393 Mass. 329 (Mass. 1984). “G. L. c. 151A, §§ 40, 41. When the board of review affirmed the decisions of the director denying benefits, the plaintiffs failed to obtain judicial review of the decisions in State court.”
LeBlanc v. Dir. of the Div. of Emp. Sec., 501 N.E.2d 503 (Mass. 1986). “The claimant’s application for review was denied (G. L. c. 151A, § 40 [1984 ed.]), rendering the review examiner’s decision the decision of the board of review.”
Cape Cod Collaborative v. Dir. of the Dep't of Unemployment Assistance (Mass. App. Ct. 2017). “4 The collaborative appealed the review examiner's decision to the department's board of review (board) in accordance with G. L. c. 151A, § 40. The board denied the application for further review, thereby rendering the review examiner's decision the final decision of the board…”
Fallon Cmty. Health Plan, Inc. v. Acting Dir. of the Dep't of Unemployment Assistance (Mass. 2024). “6 Fallon appealed to the department's board of review, see G. L. c. 151A, § 40, which affirmed the review examiner's decision.”
Rayan Toby v. Dep't of Unemployment Assistance. (Mass. App. Ct. 2024). “Toby appealed the hearing examiner's August 30 decision to the department's Board of Review (board), relying on G. L. c. 151A, § 40. When the board affirmed that decision, Toby appealed the board's decision to a judge of the Boston Municipal Court.”
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