Massachusetts General Laws

Mass. Gen. Laws ch. 152, § 12 (2026)

Enforcement of orders; appeals from decisions of reviewing board; costs; reported questions; copies of judgments

✓ current as of July 2026
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Section 12. (1) Whenever any party in interest presents a certified copy of an order or decision of a board member or of the reviewing board and any papers in connection therewith to the superior court department of the trial court for the county in which the injury occurred or for the county of Suffolk, the court shall enforce the order or decision, notwithstanding whether the matters at issue have been appealed and a decision on the merits of the appeal is pending. In the event that the order or decision is reversed on appeal, the enforcement order shall be deemed vacated and unenforceable from the date of such reversal. If the request for an enforcement order is presented to the superior court for the county of Suffolk, the court may, on motion of any party in interest, order the case removed to the superior court for the county in which the injury occurred.

(2) Any appeal from a decision by a reviewing board shall be taken pursuant to section fourteen of chapter thirty A, except that such appeal shall be filed with the appeals court of the commonwealth and provided further that clause (e) of paragraph seven of section fourteen of chapter thirty A shall not apply to such appeals.

(3) In rendering an order or judgement under this section or following a rescript of the supreme judicial court after an appeal from such an order or judgement the court shall award costs to the prevailing party, to be assessed as in actions at law. This paragraph shall not authorize the awarding of costs to or against the industrial accident board or reviewing board.

(4) In the event of a judgement of the appeals court, the court may, on motion of either party, by a brief statement of facts agreeable to the parties, report questions of law raised by the decree to the supreme judicial court for determination.

(5) Immediately after the entry of a judgement under this section, whether final or interlocutory, the clerk of the court shall prepare and forward to the department and to the parties an attested copy of such judgement. Upon the entry of an interlocutory judgement under this section recommitting a case to the board, counsel for the parties shall immediately notify said board by appropriate motion for action in accordance with the requirements of such judgement.

Notes of Decisions
Cited in 88 cases (4 in the last 5 years), 1922–2025 · leading case: Home Depot v. Kardas, 958 N.E.2d 531 (Mass. App. Ct. 2011).
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Home Depot v. Kardas, 958 N.E.2d 531 (Mass. App. Ct. 2011). · cites it 7× “Home Depot brought an action, pursuant to G. L. c. 152, § 12, against John Kardas (a former employee), seeking to enforce what it deems a recoupment order issued by *28 an administrative judge of the Department of Industrial Accidents (DIA).”
Benoit v. City of Boston, 75 N.E.3d 1 (Mass. 2017). · cites it 6× “When the defendant did not comply with the DIA order, the plaintiff sought enforcement in the Superior Court pursuant to G. L. c. 152, § 12 (1). The defendant argued then, as now, that the provision of the suspension statute requiring that suspended public employees “shall not…”
Carpenter's Case, 923 N.E.2d 1026 (Mass. 2010). · cites it 4× “We transferred the case from the Appeals Court, see G. L. c. 152, § 12 (2), on our own motion.”
Canavan's Case, 733 N.E.2d 1042 (Mass. 2000). · cites it 2× “The self-insurer, Brigham and Women’s Hospital (hospital), appealed from the board’s decision to the Appeals Court pursuant to G. L. c. 152, § 12, 1 arguing that the medical testimony provided through deposition by the plaintiff’s doctor on diagnosis, disability, and causation…”
Dalbec's Case, 867 N.E.2d 792 (Mass. App. Ct. 2007). · cites it 4× “The insurer filed a timely appeal in accordance with G. L. c. 152, § 12(2). Factual background.”
Scheffler's Case, 643 N.E.2d 1023 (Mass. 1994). · cites it 3× “Wausau Insurance Company (insurer) appealed to a single justice of the Appeals Court pursuant to G. L. c. 152, § 12 (1992 ed.), who reported the case to a panel of that court.”
Coggin v. Massachusetts Parole Bd., 678 N.E.2d 1206 (Mass. App. Ct. 1997). · cites it 3× “See G. L. c. 152, § 12(2). 1 *585 Coggin had worked for the parole board since September, 1966, first as a parole officer and later as a supervisor of nine officers and 1,000 parolees.”
Lettich's Case, 530 N.E.2d 159 (Mass. 1988). · cites it 3× “This is an appeal under G. L. c. 152, § 12 (2), as appearing in St.”
Sikorski's Case, 918 N.E.2d 30 (Mass. 2009). · cites it 2× “G. L. c. 152, § 12 (2). We review the board’s decision in accordance with the standards set forth in G.”
Adams v. Liberty Mut. Ins., 799 N.E.2d 130 (Mass. App. Ct. 2003). · cites it 2× “While that appeal was pending, Liberty, in June, 1996, commenced its own action — incautiously, as events proved — in Suffolk Superior Court, pursuant to G. L. c. 152, § 12(1), seeking enforcement of the reviewing board’s decision with respect to the costs, fees, and penalties…”
Green v. Town of Brookline, 757 N.E.2d 731 (Mass. App. Ct. 2001). “Errors of law prevent our deferral to the reviewing board; therefore we must vacate the decision of the DIA, and remand the matter to the DIA for further proceedings consistent with this opinion.”
Moss's Case, 889 N.E.2d 43 (Mass. 2008). · cites it 2× “We review the board’s decision under G. L. c. 152, § 12 (2), in accordance with the standards expressed in G.”
Show all 88 citing cases →
— Mass. Gen. Laws ch. 152, § 12(1) — 8 cases
Home Depot v. Kardas, 958 N.E.2d 531 (Mass. App. Ct. 2011). “Home Depot brought an action, pursuant to G. L. c. 152, § 12, against John Kardas (a former employee), seeking to enforce what it deems a recoupment order issued by *28 an administrative judge of the Department of Industrial Accidents (DIA).”
Adams v. Liberty Mut. Ins., 799 N.E.2d 130 (Mass. App. Ct. 2003). “While that appeal was pending, Liberty, in June, 1996, commenced its own action — incautiously, as events proved — in Suffolk Superior Court, pursuant to G. L. c. 152, § 12(1), seeking enforcement of the reviewing board’s decision with respect to the costs, fees, and penalties…”
Lumbermens Mut. Cas. Co. v. Workers' Comp. Trust Fund, 36 N.E.3d 594 (Mass. App. Ct. 2015).
Associated Indus. of Massachusetts Mut. Ins. v. Hough, 998 N.E.2d 789 (Mass. App. Ct. 2013).
Arbogast v. Employers Ins., 532 N.E.2d 73 (Mass. App. Ct. 1988).
— Mass. Gen. Laws ch. 152, § 12(2) — 36 cases
Dalbec's Case, 867 N.E.2d 792 (Mass. App. Ct. 2007). “The insurer filed a timely appeal in accordance with G. L. c. 152, § 12(2). Factual background.”
Coggin v. Massachusetts Parole Bd., 678 N.E.2d 1206 (Mass. App. Ct. 1997). “See G. L. c. 152, § 12(2). 1 *585 Coggin had worked for the parole board since September, 1966, first as a parole officer and later as a supervisor of nine officers and 1,000 parolees.”
Green v. Town of Brookline, 757 N.E.2d 731 (Mass. App. Ct. 2001). “Errors of law prevent our deferral to the reviewing board; therefore we must vacate the decision of the DIA, and remand the matter to the DIA for further proceedings consistent with this opinion.”
Pilon Case, 866 N.E.2d 977 (Mass. App. Ct. 2007).
Wilson's Case, 50 N.E.3d 213 (Mass. App. Ct. 2016).
— Mass. Gen. Laws ch. 152, § 12(3) — 2 cases
Home Depot v. Kardas, 958 N.E.2d 531 (Mass. App. Ct. 2011). “Home Depot brought an action, pursuant to G. L. c. 152, § 12, against John Kardas (a former employee), seeking to enforce what it deems a recoupment order issued by *28 an administrative judge of the Department of Industrial Accidents (DIA).”
Murphy's Case, 829 N.E.2d 1156 (Mass. App. Ct. 2005).
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