Mass. Gen. Laws » Part I Title XXI Chapter 151A
Massachusetts General Laws

Mass. Gen. Laws ch. 151A, § 42 (2026)

Judicial review; procedures; appeals; rules

✓ current as of July 2026
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Section 42. The commissioner or any interested person aggrieved by any decision in any proceeding before the board of review may obtain judicial review of such decision by commencing within thirty days of the date of mailing of such decision, a civil action in the district court within the judicial district in which he lives, or is or was last employed, or has his usual place of business, and in such proceeding, every other party to the proceeding before the board shall be made a defendant. If an appeal to the board of review is deemed denied pursuant to subsection (a) of section forty-one because the board failed to act upon such appeal, judicial review may be obtained by commencing a civil action as prescribed in the preceding sentence, except that the time for commencing such action shall run from the date such appeal is deemed denied. The commissioner shall be deemed to have been a party to any such proceeding before the board. The complaint shall state the grounds upon which such review is sought. The plaintiff shall serve a copy of the complaint upon each defendant by registered or certified mail, return receipt requested, within seven days after commencing the action for judicial review.

The commissioner shall make every reasonable effort to file with the court a certified copy of the decision of the board of review, including all documents and a transcript of all testimony taken at the hearing before said board or the commissioner as the case may be, within twenty-eight days after service of the complaint upon the commissioner or within twenty-eight days after the commencement of the action for judicial review by the commissioner. Each defendant shall file an answer within twenty-eight days after receipt of the complaint, except that the commissioner may, by way of answer, file in court within such time period a certified copy of the record of the proceeding under review.

Except as otherwise provided in this section, or if inconsistent with the provisions of this section, such proceeding shall be governed by the Rules of Civil Procedure for the district courts and the municipal court of the city of Boston. The findings and decisions of the board shall be reviewed in accordance with the standards for review provided in paragraph (7) of section fourteen of chapter thirty A. Any proceeding under this section shall be given precedence over all other civil cases.

An appeal may be taken from the decision of the justice of the district court directly to the appeals court. Notice of appeal shall be filed in the office of the clerk of the district court within thirty days after entry of the judgment by the clerk. The completion of such appeal shall be made in accordance with the Massachusetts Rules of Appellate Procedure. Benefits shall be paid or denied in accordance with the decision of the trial court justice during the pendency of such appeal.

Notes of Decisions
Cited in 137 cases (12 in the last 5 years), 1959–2026 · leading case: Keough v. Dir. of the Div. of Emp. Sec., 344 N.E.2d 894 (Mass. 1976).
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Keough v. Dir. of the Div. of Emp. Sec., 344 N.E.2d 894 (Mass. 1976). · cites it 4× “[1] On January 23, 1975, the board of review upheld the decision of the review examiner, and the case then proceeded to the District Court of Marlborough for review under the provisions of G.L.c. 151A, § 42. There a District Court judge affirmed the decision of the board of…”
Schulte v. Dir. of the Div. of Emp. Sec., 337 N.E.2d 677 (Mass. 1975). · cites it 3× “There he was met by a motion on the part of the Director of the division to dismiss the petition because he had failed to follow the procedure for judicial review prescribed by G. L. c. 151A, § 42, as amended through St.”
Broadhurst v. Dir. of the Div. of Emp. Sec., 373 Mass. 720 (Mass. 1977). · cites it 3× “These are two cases brought under G. L. c. 151A, §42, as amended through St.”
Garrett v. Dir. of the Div. of Emp. Sec., 475 N.E.2d 1221 (Mass. 1985). · cites it 2× “The plaintiff appeals directly to this court pursuant to G. L. c. 151A, § 42. We affirm. The plaintiff argues that a petition that is mailed to the clerk of a district court within the thirty-day appeal period should be deemed filed within that period.”
Broadhurst v. Dir. of the Div. of Emp. Sec., 369 N.E.2d 1018 (Mass. 1977). · cites it 4× “In each case a judge of the District Court of Hampshire entered an order that the director pay to the plaintiff a specified sum of money in unemployment benefits "plus interest and costs.”
Garfield v. Dir. of the Div. of Emp. Sec., 384 N.E.2d 642 (Mass. 1979). “G. L. c. 151A, § 42. The record before us includes the evidence presented to the review examiner, his subsidiary findings of fact and his conclusions of law.”
Dowd v. Dir. of the Div. of Emp. Sec., 459 N.E.2d 471 (Mass. 1984). · cites it 2× “Pursuant to G. L. c. 151A, § 42, James R. Dowd appeals from the decision of a judge of a District Court affirming the decision of the board of review of the Division of Employment Security (DES), which had upheld the determination of the review examiner.”
Guarino v. Dir. of the Div. of Emp. Sec., 469 N.E.2d 802 (Mass. 1984). “The employer appeals to this court under G. L. c. 151A, § 42. We set forth the findings of the review examiner, which were adopted by the board.”
O'Brien v. Dir. of the Div. of Emp. Sec., 472 N.E.2d 253 (Mass. 1984). “directly to this court pursuant to G. L. c. 151A, § 42. The plaintiff argues that the division’s decision was improper because the plaintiff was denied sufficient notice of the scope of inquiry at the hearing and because the decision was not supported by substantial evidence.”
Trs. of Deerfield Academy v. Dir. of the Div. of Emp. Sec., 413 N.E.2d 731 (Mass. 1980). · cites it 2× “” The case is now before us on a report made by the judge of the District Court in accordance with G. L. c. 151A, § 42, and based on the employer’s appeal from that court’s affirmance of the administrative decision awarding benefits to the claimant.”
Lycurgus v. Dir. of the Div. of Emp. Sec., 462 N.E.2d 326 (Mass. 1984). “See G. L. c. 151A, § 42; G. L. c. 30A, § 14 (7) (e).”
Walker v. Dir. of the Div. of Emp. Sec., 416 N.E.2d 194 (Mass. 1981). · cites it 3× “Pursuant to G. L. c. 151A, § 42, Marion Walker (claimant) appeals from the decision of a District Court judge affirming the decision of the board of review of the Division of Employment Security, which determined that her request for hearing was not timely filed.”
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