Neff v. Commissioner of the Department of Industrial Accidents

(dissenting, with whom Lynch, J., joins). “The commissioner construes § 11A of the Act [G. L. c. 152] as not authorizing him to waive the fee and as not permitting a hearing of the plaintiff’s compensation claim unless she pays the fee.” Ante at 71. The plaintiff, rightly, does not suggest otherwise. Instead, she challenges the validity of the fee on constitutional grounds. Ante at 70. Indeed, the plaintiff and the defendant commissioner jointly moved the single justice to report this case to the full court without decision, stating in the motion that “[t]he question presented in this action…