Decision  Andrew Maiuri v. M.B.T.A.

Date:	11/25/2008
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 037919-05
Location:	Boston

• Employee: Andrew Maiuri
• Employer: M.B.T.A.
• Self Insurer: M.B.T.A.

HORAN, J. The self-insurer appeals from a decision awarding the employee § 34 benefits for an aggravation of a prior back injury. It argues the judge erred by failing to list or discuss the additional medical evidence introduced by the parties, and by failing to address its § 1(7A) "a major" causation defense.¹ Both issues require recommittal.

¹ General Laws c. 152, § 1(7A), provides, in pertinent 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.