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O'BRIEN'S CASE

424 Mass. 16 (1996)

BARBARA O'BRIEN'S CASE.

Supreme Judicial Court of Massachusetts, Suffolk.

December 12, 1996.

Attorney(s) appearing for the Case

George N. Keches (JoAnn D. Walter with him) for the claimant.

Thomas O. Bean, Assistant Attorney General, for the intervener.

Judy D. Eldredge, for the insurer & another, was present but did not argue.

Mark D. Horan, Harry J. Silverman & James F. Kenney, for the Massachusetts Bar Association, amicus curiae, submitted a brief.

William T. Salisbury, for Massachusetts AFL-CIO Council & another, amici curiae, submitted a brief.

Present: WILKINS, C.J., ABRAMS, GREANEY, & FRIED, JJ.

FRIED, J.

The claimant, Barbara O'Brien, asserts that G. L. c. 152, § 11A (2), as appearing in St. 1991, c. 398, § 30, on its face denies a party to a workers' compensation dispute due process of law insofar as it denies the opportunity to offer as of right medical testimony to contradict the report of the impartial medical examiner in the appeal from a conference order. We conclude that § 11A (2) is not unconstitutional...

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