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General Laws

Section 9. There shall be an industrial accident nominating panel to consist of thirteen members. The panel shall include the governor’s legal counsel, the secretary of labor and workforce development, the director of economic development, the director of the department and the senior judge, and eight members to be appointed by the governor, two of whom shall be representatives of business, two of whom shall be representatives of organized labor, one of whom shall be a health care provider, one of whom shall be an attorney who represents claimants in workers’ compensation matters, one of whom shall be an attorney who represents employers or insurers in workers’ compensation matters, and one of whom shall be an attorney who does not practice workers’ compensation law. One of the representatives of business shall be the president of the Associated Industries of Massachusetts, or his designee, and one of the representatives of organized labor shall be the president of the Massachusetts AFL-CIO, or his designee. All members of the nominating panel shall serve at the pleasure of the governor. Prior to any submission of nominations for appointment or reappointment to the industrial accident board or industrial accident reviewing board pursuant to section four or section five, the nominating panel shall review applications for such nominations and consider the following factors:

(1) skills in fact-finding;

(2) basic understanding of human anatomy and physiology; and

(3) a bachelor’s degree or demonstrated writing ability as evidenced by four or more years in positions in which writing skills are a major job responsibility.

Such review shall be made on the basis of the application, experience, education and training of the applicant, writing samples, interviews, and any other information the panel may require. When the application is for reappointment, the panel shall require, in addition to any other information, a performance evaluation prepared by the senior judge and commissioner for each year since the candidate’s last appointment. The performance evaluation shall be a written report which contains the following information:

(1) Average time for the disposition of cases before the applicant, and, where applicable, a comparison of such applicant’s speed of disposition with the other board members;

(2) three decisions written and selected by the applicant;

(3) the total number of proceedings scheduled before the applicant and total number of orders and decisions filed;

(4) where applicable, the total number of cases decided by such applicant heard by an appellate body, and the number of such cases which were remanded for further proceedings;

(5) any decisions of an appellate body which specifically reference the candidate’s judicial demeanor or temperament;

(6) at the discretion of the commissioner, written complaints from attorneys received by the commissioner regarding the candidate’s judicial demeanor or temperament;

(7) evidence of any demonstrable bias against particular defendants, claimants or attorneys.

In no instance shall a calculation of the number or percentage of orders or decisions made in favor of employees, insurers or employers be a part of any performance evaluation of a member of the board or reviewing board. Any information regarding a candidate compiled by the nominating panel shall be forwarded to the governor and to the workers’ compensation advisory council. Said council may rate the candidate as highly qualified, qualified, or unqualified. If such candidate is appointed or reappointed by the governor the performance evaluation and any ratings by said council shall be forwarded to the executive council.

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