Decision  Axel Schmidt v. Nauset Marine, Inc.

  • Employee: Axel Schmidt
  • Employer: Nauset Marine, Inc.
  • Insurer: Credit General Insurance Co./Mass. Insolvency Fund

MAZE-ROTHSTEIN, J. The insurer appeals from a decision awarding weekly G. L. c. 152, § 34A, permanent and total incapacity benefits for a work-related injury to the employee’s lower back. It raises three issues on appeal. First, the insurer contends error in the rejection of its vocational expert’s testimony based on misstatements of fact not material to the issues presented. Second, the insurer argues that the judge should have applied the heightened § 1(7A) causation standard because the employee had pre-existing, non-industrial, left eye macular degeneration. And third, it argues that the adopted vocational testimony was fatally flawed due to consideration of that unrelated eye condition. For the reasons discussed below, we affirm the decision. See G. L. c. 152, § 11C.

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