Neff v. Commissioner of the Department of Industrial Accidents

The plaintiff, Colleen Neff, filed this action for declaratory and injunctive relief in the county court pursuant to G. L. c. 231A (1994 ed.). Neff challenges on constitutional grounds the validity of the impartial medical examination fee provision of G. L. c. 152, § 11 A, as appearing in St. 1991, c. 398, § 30. A single justice reserved and reported the case to the full court without decision.

The parties agreed to the following facts. On November 2, 1993, the plaintiff filed a claim for benefits under the provisions of the Workers’ Compensation Act, G. L. c. 152 *71(1994 ed.) (Act). The…