O'Brien's Case

673 N.E.2d 567, 424 Mass. 16, 1996 Mass. LEXIS 328
CourtMassachusetts Supreme Judicial Court
DecidedDecember 12, 1996
StatusPublished
Cited by14 cases

This text of 673 N.E.2d 567 (O'Brien's Case) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
O'Brien's Case, 673 N.E.2d 567, 424 Mass. 16, 1996 Mass. LEXIS 328 (Mass. 1996).

Opinion

Fried, J.

The claimant, Barbara O’Brien, asserts that G. L. c. 152, § 11A (2), as appearing in St. 1991, c. 398, § 30, on its face denies a party to a workers’ compensation dispute due process of law insofar as it denies the opportunity to offer as [17]*17of right medical testimony to contradict the report of the impartial medical examiner in the appeal from a conference order. We conclude that § 11A (2) is not unconstitutional on its face.

I

The claimant claimed to have suffered an industrial accident in respect to which the insurer paid weekly incapacity benefits for some six weeks but without prejudice to its right later to contest her claim. When the insurer ceased payments, the claimant filed a claim for their resumption. After a conference, the administrative judge ordered the resumption of payments. The insurer appealed from this conference order and the case came up before the same administrative judge for hearing pursuant to § 11A (2). At the hearing the claimant was required to prove that she had suffered an injury in the course of her employment and that she was disabled as a result of that injury. The claimant, a private investigator, and a vocational rehabilitation expert testified at the hearing. A month later the impartial medical examiner conducted his examination pursuant to the provisions of § 11 A. The administrative judge filed a decision three months later authorizing the discontinuance of benefits. The claimant appealed to the reviewing board of the Department of Industrial Accidents (reviewing board). The reviewing board found several serious substantive and procedural defects in the disposition of the administrative judge and remanded the case for de novo reconsideration before a different administrative judge. The board went on to state its view that § 11A was unconstitutional on its face in that it did not allow either party in a hearing appealing from a conference order to present as of right its own medical testimony in addition to that of the impartial medical examiner. Recognizing that as an administrative agency it lacked authority to strike down as unlawful or unconstitutional any of the statutes or regulations under which it operates, it stayed the remand in order to allow the claimant to bring to the Appeals Court the question of the facial invalidity of § 11 A. The claimant brought the appeal to the Appeals Court in conformity with that court’s standing order governing workers’ compensation appeals. A single [18]*18justice of that court reported the case to a panel of the court, and we brought the case here on our own motion.1

II

A

At the outset we note that there is no final judgment in this case, because the reviewing board has remanded it for a de novo redetermination of the claimant’s claims, and it is entirely possible that on such redetermination the claimant may prevail or the administrative judge might exercise his discretion under § 11A to allow her to present additional expert medical testimony. The Attorney General argues that G. L. c. 152, § 12 (2), and G. L. c. 30A, § 14, which govern appeals from orders in workers’ compensation cases, only make provision for appeals from final orders, and this is surely not a final order. We agree that interlocutory orders in these cases are not appealable. The order in this case, however, is unusual in that the reviewing board explicitly stayed its decision to allow an appeal for the resolution of a constitutional question which it did not believe it was empowered to decide. In other circumstances where some of the usual aspects of justiciability are missing — particularly where the case was moot as to the parties before the court — we have proceeded to render an opinion, if a question of general importance was presented which required resolution and if the jurisdictional defect would not interfere with or confuse that resolution. Wellesley College v. Attorney Gen., 313 Mass. 722, 731 (1943) (“in view of the public interest involved and the uncertainty ... we ought... to express briefly our opinion”). See Commonwealth v. Doe, 420 Mass. 142, 143 (1995). This is such a case. The question of the facial constitutionality of the provisions in § 11A regarding medical testimony is sufficiently serious and its resolution sufficiently important that it is prudent for us to proceed to answer it. Moreover, since the claimant raises only a facial challenge to those provisions and does not (because at this stage she cannot) complain about their application to her case, the abstract posture of the case is not an impediment to its resolution.

[19]*19B

A facial challenge to the provision in § 11A giving prima facie status to the report of the independent medical examiner in a hearing before the administrative judge can succeed only if according such status to the report must necessarily in all cases be so unfair as to deprive one or both parties of due process of law. See Leibovich v. Antonellis, 410 Mass. 568, 576 (1991). The point of reference to which we have regularly returned in analyzing the issue of due process in cases such as this is the United States Supreme Court’s analysis in Mathews v. Eldridge, 424 U.S. 319 (1976).2 See, e.g., Aime v. Commonwealth, 414 Mass. 667 (1993); Care & Protection of Robert, 408 Mass. 52, 59 (1990); Matter of Kenney, 399 Mass. 431 (1987). The first step in that analysis is the recognition that the “fundamental requirement of due process is the opportunity to be heard ‘at a meaningful time and in a meaningful manner.’ ” Mathews, supra at 333. Beyond that Mathews calls attention to three factors:

“First, the private interest that will be affected by the official action; second, the risk of an erroneous deprivation of such interest through the procedure used, and the probable value, if any, of additional or substitute procedural safeguards; and, finally, the Government’s interest, including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirement would entail.” (Internal citations omitted). Id. at 335.

In weighing these factors, Mathews explains that “[d]ue process is flexible and calls for such procedural protections as the particular situation demands.” Id. at 334.

Applying these generalities to the status of the medical examiner’s report, we must attend to two matters: first, the governmental interest in giving the report what is called in the statute “prima facie” status, and second, the effect of that status in the scheme in which contestants’ rights — workers’ [20]*20as well as insurers’ — are adjudicated. Since its inception, the workers’ compensation scheme was intended to provide compensation more quickly, less costly, and more informally to workers injured in industrial accidents than the tort system for which it was intended to substitute. Issues of fault are largely irrelevant and, as in any insurance scheme, the central issues are the fact and the extent of injury and whether the injury occurred in the context of the employment. Questions regarding the injury often involve medical judgments, and it soon became apparent that the simplification intended by the scheme was often defeated as both workers and insurers produced one or even several medical experts.

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Cite This Page — Counsel Stack

Bluebook (online)
673 N.E.2d 567, 424 Mass. 16, 1996 Mass. LEXIS 328, Counsel Stack Legal Research, https://law.counselstack.com/opinion/obriens-case-mass-1996.