Code of Massachusetts Regulations
452 CMR - DEPARTMENT OF INDUSTRIAL ACCIDENTS
Title 452 CMR 1.00 - Adjudicatory Rules of the Industrial Accident Board
Section 1.08 - Conciliation

(1) A conciliation held pursuant to M.G.L. c. 152, § 10, shall be presided over by a conciliator within the Division of Dispute Resolution. The conciliation shall be informal. The conciliator shall meet with the parties jointly and may, in his discretion, meet with each party separately.

(2) A party to a conciliation may be represented by counsel of record or any person bearing written authority to sign agreements as to compensation for such party. Any person who is not a party or who does not bear such authority may attend a conciliation only with the consent of all parties.

(3) No conciliator shall be called to testify at any proceeding within the Division of Dispute Resolution regarding any issue which has come before him as a conciliator.

(4) Before a conciliator can refer an insurer's complaint to modify or discontinue compensation benefits to the Industrial Accident Board, the insurer must have provided to the employee or the employee's designee, a copy of the wage schedule upon which weekly benefits are being paid. Alternatively, the insurer shall furnish an affidavit signed by a representative of the insurer stating that the wage schedule has been requested by the insurer, but the insured would not or could not produce such a wage schedule. The employee or the employee's attorney may waive such requirement.

(5) Claims and complaints filed without substantial compliance with the requirements of 452 CMR 1.07(2) shall be withdrawn by the conciliator without prejudice at conciliation unless waived by the opposing party at or before the conciliation.

(6) Claims for reimbursement under M.G.L. c. 152, §§ 37 and 37A will be scheduled for conciliation in the Boston Office unless the parties agree in writing, at the time of the filing, that it is to be adjudicated at a specified regional office.