Mass. Gen. Laws ch. 152, § 5

Rules and regulations

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Section 5. The commissioner shall promulgate rules and regulations consistent with this chapter for carrying out the functions of the department. Such rules and amendments thereto shall comply with the filing provisions of section five of chapter thirty A and such regulations shall not take effect until so filed. Such rules and regulations shall include, but not be limited to, a provision authorizing a party, on or after the filing of any claim or complaint pursuant to this chapter, to serve on any party, employer or medical provider rendering medical treatment to the claimant, a request to produce, and permit the party making such request to inspect and copy, any medical notes, treatment reports and employment records.

Neither an administrative judge nor the reviewing board shall have the authority to repeal, revoke, or otherwise set aside a regulation promulgated by the commissioner; provided, however, that if in any proceeding within the division of dispute resolution it is found that the application of any section of this chapter is made impossible by the enforcement of any particular regulation, the administrative judge or reviewing board shall not apply such regulation during such proceeding only. In any case in which a regulation is not applied as herein provided, the administrative judge or reviewing board shall, on or before the date of the issuance of the decision, inform the commissioner in writing of the explicit contradiction found between the regulation and this chapter.

Notes of Decisions

Cited in 17 cases, 1924–2013 · leading case: Purity Supreme, Inc. v. Attorney General

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Purity Supreme, Inc. v. Attorney General (1980) mass “96); DaLomba, supra (“may make rules consistent with this chapter for carrying out its provisions”) (G. L. c. 152, § 5, as amended through St.”

Richards's Case (2004) massappct · cites it 2× “) Whereas § 13A(5) speaks generally (“[w]henever an insurer files a complaint”), § 13A(4) is of more restrictive scope (“[w]henever an insurer files a complaint to reduce or discontinue an employee’s benefits” [emphasis added]).”

Fleming v. National Union Fire Insurance (2005) mass “See G. L. c. 152, § 5; G. L. c. 23E, § 1. The department is comprised of two divisions, a division of administration and a division of dispute resolution.”

Beatty's Case (2013) massappct · cites it 2× “In accordance with G. L. c. 152, § 5, which instructs that the Commissioner of the department “shall promulgate rules and regulations consistent with this chapter for carrying out the functions of the department,” we believe the two-year limitations period serves as a considered…”

Ciszewski v. Industrial Accident Board (1975) mass “The board refused to act, however, on the ground that it lacked jurisdiction to adopt such a regulation despite G. L. c. 152, § 5. 1 The plaintiff thereafter filed a petition for a writ of mandamus against the board, her employer, and his insurer seeking, inter alla, an order…”

Doe v. Sex Offender Registry Board (2012) massappct “G. L. c. 152, § 5. No similar provision is found in the board’s statutory scheme.”

Kareske's Case (1924) mass “” G. L. c. 152, § 5. It leaves to the parties to decide for themselves whether to proceed by amicable arrangement or by adversary proceedings.”

Ferreira v. Arrow Mutual Liability Insurance (1983) massappct “Rule IX(2) of the Rules of the Division of Industrial Accidents, promulgated pursuant to G. L. c. 152, § 5, provides for a conference for the consideration of an agreement to redeem liability when application therefor is made.”

DaLomba's Case (1967) mass “Nor is there any merit in the employee’s contention that since the division is authorized by the Legislature to make its rules (see G. L. c. 152, § 5), a board or a single member of the division may therefore disregard them.”

Higgins's Case (2011) mass “See also G. L. c. 152, § 5; 452 Code Mass. Regs. § 1.”

Ellis v. Department of Industrial Accidents (2012) mass “” According to the petitioners, the regulation is inconsistent with what they view as the statute’s stated requirement that attorney’s fees and expenses be awarded in all cases in which the employee “prevails at [a] hearing,” so long as an offer made by the insurer (even in the…”

Utica Mutual Insurance v. Liberty Mutual Insurance (1985) massappct “” 6 Although the “problem of [impleader] rarely arises in practice,” Locke, Workmen’s Compensation, supra § 179, at 201, we conclude that the board may join, by any means reasonably calculated to give notice and a right to be heard, any other insurer or insurers it deems *268…”

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