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Decision Anna Diaz v. Professional Profiles, Inc.

Date: 02/22/2007
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 047241-03
Location: Boston
  • Employee: Anna Diaz
  • Employer: Professional Profiles, Inc.
  • Insurer: Granite State Insurance Co.

CARROLL, J. The insurer appeals from a decision in which an administrative judge awarded the employee workers’ compensation benefits for an injury that the insurer argues was subject to the heightened causation provisions of § 1(7A) for industrial injuries that combine with pre-existing non-compensable medical conditions.1 Because the judge failed to address the many elements of that fourth sentence of § 1(7A), we recommit the case.

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

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