MASS. ATTORNEYS RATE WC JUDGES:

A recent Massachusetts Bar Association survey found an overall high approval rating of judges in the Massachusetts Department of Industrial Accidents (DIA), yet the same report cites need for improvement, most notably in some judges’ biases in reaching their decisions. DIA judges, who are not required to be attorneys, are charged with resolving disputes between employees and insurers. The exclusive survey asked nearly 200 Bay State attorneys who appear before the DIA to evaluate 25 judges on factors such as their knowledge of workers’ compensation laws and procedure; knowledge of the rules of evidence; judicial demeanor and temperament; punctuality; timeliness of filing hearing decisions; and whether a judge exhibits bias toward claimants. Workers’ Compensation Practice Group co-chairs Bruce S. Lipsey and Michael Ready said DIA judges rated highly overall in the survey. However, a few judges were pinpointed as having shown bias against individuals and against either employees or insurers. Some judges were found to demonstrate bias at or near 20 percent of the time. “What we see here is there are a few judges who sometimes demonstrate bias, according to members of the bar,” Ready said. “When you look at the results, they are relatively low in the percentages, but it still indicates they are higher than they ought to be.”