Decision  Anthony Presto v. Bishop Connolly High School

Date:	05/25/2006
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 051828-01
Location:	Boston

• Employee: Anthony Presto
• Employer: Bishop Connolly High School
• Insurer: Eastern Casualty Insurance Company

COSTIGAN, J. The employee appeals from an administrative judge’s decision denying and dismissing his claim for compensation. The judge found that the employee’s emotional disability and need for psychiatric treatment arose principally out of employment events which were bona fide personnel actions and, therefore, the employee did not sustain a compensable personal injury within the meaning of G. L. c. 152, § 1(7A).¹ The employee argues that the judge erred by failing to apply an objective standard in determining whether the employer’s actions were bona fide. We disagree, and affirm the decision.

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

Personal injuries shall include mental or emotional disabilities only where the predominant contributing cause of such disability is an event or series of events occurring within any employment. . . . No mental or emotional disability arising principally out of a bona fide, personnel action including a transfer, promotion, demotion, or termination except such action which is the intentional infliction of emotional harm shall be deemed to be a personal injury within the meaning of this chapter.