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POSPISIL'S CASE

402 Mass. 820 (1988)

525 N.E.2d 646

BARBARA POSPISIL'S CASE.

Supreme Judicial Court of Massachusetts, Suffolk.

July 12, 1988.

Attorney(s) appearing for the Case

John T. Foynes for the employee.

Norman P. Beane, Jr. (William E. Gately, Jr., with him) for the employer.

Present: HENNESSEY, C.J., WILKINS, NOLAN, LYNCH, & O'CONNOR, JJ.

HENNESSEY, C.J.

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...

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