Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. The second paragraph of paragraph (b) of subdivision (3) of section 6 of chapter 32 of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- If the panel fails to meet within sixty days after appointment by the commissioner to conduct their examination, or at any earlier time upon the request of the applicant, the commissioner shall require the three physicians to meet separately to conduct such examinations and the employer's physician and legal counsel and the member's physician and legal counsel shall have the opportunity to attend each such examination.

SECTION 2. Said second paragraph of said paragraph (b) of said subdivision (3) of said section 6 of said chapter 32, as so appearing, is hereby further amended by adding the following sentence:- At the discretion of the member and his legal counsel and the employer and his legal counsel, said legal counsels may be present during the decision making process of the panel; provided, however, that neither counsel shall have a vote in the final determination of such panel.

SECTION 3. Said paragraph (b) of said subdivision (3) of said section 6 of said chapter 32, as so appearing, is hereby further amended by adding the following paragraph:-

No member shall be required to undergo any examination, re-examination or hearing unless he has received prior notification, in writing, of his right, if any, to be represented by his legal counsel and by his physician at such examination, re-examination or hearing. Such notification shall be made on a form prescribed by the commissioner.