Corriveau v. Home Insurance

The single issue before us is whether the reviewing board of the Department of Industrial Accidents erred in holding that the definition of “disfigurement that is purely scar-based,” appearing in 452 Code Mass. Regs. § 1.02 *925(1993),1 made impossible the enforcement of G. L. c. 152, § 36(1 )®, the material provision of which we set forth in the text, infra. See G. L. c. 152, § 5 (the board shall not apply a regulation which makes impossible the enforcement of any section of c. 152).

The parties stipulated that the plaintiff sustained a bum injury to his left leg resulting in scarred tissue; the…