| Mass. App. Ct. | May 6, 1980

The employee filed a claim for workmen’s compensation with the Industrial Accident Board because of injuries alleged to have arisen out of and in the course of her employment. A conference was held before a single member of the board, pursuant to the provisions of G. L. c. 152, § 7, as appearing in St. 1972, c. 742, § 1. A denial of payment order was filed by the single member on January 13, 1977. The employee did not request a hearing within the time limited by § 7. On July 21, 1978, the employee filed a petition for leave to file a claim late in the Superior Court pursuant to G. L. c. 152, § 8A, as amended by St. 1976, c. 392. After a hearing the judge entered an order allowing the petition. The employer and the insurer have appealed. The effect of that order was to remove a procedural barrier to the employee’s continued litigation of her claim. It was thus interlocutory in *914nature and is not properly before us. Compare Pereira’s Case, 313 Mass. 774" court="Mass." date_filed="1943-01-27" href="https://app.midpage.ai/document/abelman-6444568?utm_source=webapp" opinion_id="6444568">313 Mass. 774, 775 (1943); Batchon’s Case, 333 Mass. 605" court="Mass." date_filed="1956-02-29" href="https://app.midpage.ai/document/batchons-case-2084218?utm_source=webapp" opinion_id="2084218">333 Mass. 605, 606 (1956). Workmen’s compensation cases may not be appealed on a piecemeal basis. Appellate review of the correctness of the judge’s order must await a final judgment of the case on its merits. Assuncao’s Case, 372 Mass. 6" court="Mass." date_filed="1977-02-16" href="https://app.midpage.ai/document/assuncaos-case-2113491?utm_source=webapp" opinion_id="2113491">372 Mass. 6, 8 (1977).

J. Norman O’Connor, Jr., for the insurer & another. Thomas A. Boyle, III, for the employee.

Appeal dismissed.

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