Decisions in Workers Compensation cases, per state law, are supposed to be issued by the judge within 28 days of the hearing. Despite this clear rule outlined in Massachusetts General Laws c. 152 s. 11, however, judges in the Department of Industrial Accidents, which is responsible for hearing workers compensation cases, often do not issue their decisions for six months to a year following the hearing.

In a recent case just decided by the Department of Industrial Accidents, In Re: Albert Mancini, the judge took over three years to issue his decision. For most people, waiting three years post-hearing, while benefits are dwindling or unavailable, is just not practical. While both parties in the Mancini case complained about the delay in issuing the decision, the statute provided no remedy to either party for the delay. While the Department acknowledged the problems created by the delay, such acknowledgment was little comfort to the parties who waited three years for a decision on the merits of the case.

While parties often want their day in court, often times a settlement is the more practical means of resolving workers compensation and personal injury matters. Even if a party is successful at trial, the other party can appeal and further delay a ruling. Though a settlement may be less gratifying than a judge’s or jury’s award, a settlement typically means immediate compensation for the injured party and a timely resolution to the case.