Decision  Adelino M. Silva v. Atlantis Charter School

Date:	09/01/2020
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board Nos. 035764-15, 037437-14
Location:	Boston

• Employee: Adelino M. Silva
• Employer: Atlantis Charter school
• Insurer: AIM Mutual Insurance, New Hampshire Employers Insurance Company

LONG, J. This appeal by the employee involves two separate alleged dates of injury and two separate, but interrelated, allegedly disabling conditions: one emotional and one physical. The employee contends that he suffers a mental disability causally related to an incident at work, and that he is also incapacitated due to the physical and emotional effects of a work-related heart attack suffered a few weeks following his termination of employment. The employee presents seven issues on appeal, six of which we summarily affirm, and one which requires discussion. Upon review of the decision and extensive hearing record, we agree with the employee that the judge erred by applying the “bona fide personnel action” standard to his heart attack claim. However, however we also find the error to be harmless in light of the judge’s findings regarding the employee’s credibility.

¹  The employee claimed two dates of injury while working for the same employer. The insurer for the August 28, 2014, date of injury is New Hampshire Employers Insurance, (Board No. 037437-14) and the insurer for the July 9, 2015 claim is AIM Mutual Insurance (Board No. 35764-15). Counsel for the insurer indicated that New Hampshire Employers Insurance is a subsidiary of AIM Mutual Insurance, and he therefore represents the interest of both. (Tr. I, 16.) The hearing took place on the following dates: April 11, 2017 (Tr. I); May 18, 2017 (Tr. II [a.m.] and [p.m.]); July 26, 2017 (Tr. III); August 10, 2017 (Tr. IV); September 22, 2017 (Tr. V); October 27, 2017 (Tr. VI); January 3, 2018 (Tr. VII); February 2, 2018 (Tr. VIII); and March 16, 2018 (Tr. IX).