Pospisil's Case

This case involves the propriety of the Industrial Accident Reviewing Board’s retroactive application of St. 1985, c. 572, § 25 (codified at G. L. c. 152, § 11C [1986 ed.]) (§ 11C). This provision replaced former G. L. c. 152, § 10, and limits the reviewing board’s ability to overturn a decision of a member of the Industrial Accident Board to instances where the decision “is beyond the scope of his authority, arbitrary or capricious, contrary to law, or unwarranted by the facts.” Section 11C also provides that “[t]he reviewing board may weigh evidence, but may not review determinations by the…