Mass. Gen. Laws » Part I Title II Chapter 23E
Massachusetts General Laws

Mass. Gen. Laws ch. 23E, § 4 (2026)

Industrial accident board; members; appointment; terms; review; salaries

✓ current as of July 2026
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Section 4. There shall be within the division of dispute resolution an industrial accident board, in this chapter and in chapter one hundred and fifty-two called the board, which shall consist of twenty-one members, who shall be administrative judges appointed for six year terms by the governor with the advice and consent of the council, not more than eleven of whom shall be from the same political party. The initial appointment of a member shall be for a term of 6 years; subsequent reappointment of a member shall be for a term of 6 years which shall commence on the date of expiration of the initial or subsequent term. The appointment or reappointment of a member shall be made by the governor with the advice and consent of the council. Nominees shall be submitted to the governor from a nominating panel under procedures to be established by the governor. Prior to the expiration of the term of office of a member, the conduct of said member shall be reviewed by such nominating panel, which shall recommend whether said member shall be retained in office. Such review shall include a report from the commissioner.

Notwithstanding any general or special law to the contrary, an appointed member, who has not previously served on the industrial accident board, shall be reviewed for performance by the senior judge between the 21st and the 24th month of the member's initial term. The performance review shall be subject to criteria established by the senior judge. If the performance review supports continuation of the appointed term, that member shall continue to serve the remainder of the appointed term. If the performance review recommends against a continuation of the appointed term, the performance review shall be submitted to the governor for appropriate action pursuant to section 8.

Notwithstanding any provision of chapter thirty to the contrary, the commissioner shall be placed in Job Group M–X, as set forth in section forty-six C of chapter thirty, and the members of the board shall be placed in Job Group M–IX, as set forth in said section forty-six C at not less than Step 7, of the management salary schedule, the first deputy director of administration and the deputy director of dispute resolution shall be placed in Job Group M–VII, as set out in said section forty-six C, at not less than Step 7.

Members of the board shall devote their full time during ordinary business hours to the respective duties assigned them and shall not engage in outside employment or business activities during such hours.

Notes of Decisions
Cited in 3 cases, 1988–2000 · leading case: Pospisil's Case, 525 N.E.2d 646 (Mass. 1988).
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Pospisil's Case, 525 N.E.2d 646 (Mass. 1988). “” Under G. L. c. 23E, §4(1986 ed.), single members now are denominated administrative judges.”
Arbogast v. Employers Ins., 532 N.E.2d 73 (Mass. App. Ct. 1988). “On July 13, 1987, the single member, now called an administrative judge, see G. L. c. 23E, § 4, as appearing in St. 1985, c.”
Aerovox, Inc. v. Arsenio, 12 Mass. L. Rptr. 302 (Mass. Super. Ct. 2000). “152, that the legislature has created an apparatus for judicial review of decisions by members of the industrial accident board, see G.L.c. 23E, §4, and by the reviewing board, see G.”
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