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Decision Albert Sadiku v. Aquila the Eagle Express, LLC

Date: 10/11/2018
Organization: Department of Industrial Accidents
Docket Number: DIA Board Number 019020-15
Location: Boston
  • Employee: Albert Sadiku
  • Employer: Aquila the Eagle Express, LLC
  • Insurer: Workers' Compensation Trust Fund

CALLIOTTE, J.  The employee and the employer1 appeal from a decision ordering the Workers’ Compensation Trust Fund (Trust Fund) to pay a closed period of  § 34 temporary total incapacity benefits, from May 27, 2015, to March 9, 20162. Both argue that the judge’s § 1(7A)3 analysis was inadequate, but in different ways.  We agree and recommit the case for completion of the required § 1(7A) analysis, and reconsideration of extent and duration of incapacity.  The employer also argues the judge erred in finding the employee was not guilty of serious and wilful misconduct pursuant to § 27.  We disagree and affirm the decision on that issue.


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1 Although not mentioned in the decision, the employer was joined as a party at conference on December 2, 2015, following the Trust Fund’s motion to join.  Rizzo v. M.B.T.A., 16 Mass. Workers’ Comp. Rep. 160, 161 n.3 (2016)(permissible to take judicial notice of board file). 

2 The Trust Fund did not appeal, but submitted a brief in support of the judge’s decision.

3 General Laws c. 152, § 1(7A), states, in relevant part:

 If a compensable injury or disease combines with a pre-existing condition, which resulted from an injury or disease not compensable under this chapter, to cause or prolong disability or a need for treatment, the resultant condition shall be compensable only to the extent such compensable injury or disease remains a major but not necessarily predominant cause of disability or need for treatment.