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The 190th General Court of the Commonwealth of Massachusetts

Section 5: Industrial accident reviewing board; members; appointment; terms; review; salaries

Section 5. There shall be within the division of dispute resolution an industrial accident reviewing board, in this chapter and in chapter one hundred and fifty-two called the reviewing board which shall consist of six members, not more than three of whom shall be a member of one political party. Any member appointed to the reviewing board shall be an attorney admitted to the Massachusetts bar or be a current or past member of the industrial accident board or the reviewing board at the time of such appointment. Members of the reviewing board shall be administrative law judges appointed by the governor with the advice and consent of the council, for six year terms. The initial appointment of all members shall be for a term of 6 years; subsequent reappointments of sitting members shall be for an additional term of 6 years which shall commence on the date of expiration of the initial or subsequent term. The appointment or reappointment of members 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, a newly appointed member who has never previously served on the reviewing board, shall be reviewed for performance by the senior judge during his initial term between the twenty-first and the twenty-fourth month of the term. The performance review shall be subject to criteria established by the senior judge. If the performance review supports continuation of the term, said administrative law judge 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 members of the reviewing board shall be placed in Job Group M-X, as set forth in section forty-six C of said chapter thirty. Reviewing board members shall devote their full time during ordinary business hours to the duties of their office and shall not engage in any other employment or business activities during such hours.