Decision  Barbara Beth Soucy v. Beacon Hospice, Inc.

Date:	08/21/2012
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 008792-09
Location:	Boston
Referenced Sources:	Barbara Beth Soucy v. Beacon Hospice, Inc.

• Employee: Barbara Beth Soucy
• Employer: Beacon Hospice, Inc.
• Insurer: Insurance Co. of the State of Pennsylvania

COSTIGAN, J. We previously recommitted this case to the administrative judge for further findings addressing the insurer’s duly raised defense of § 1(7A) “a major” causation¹ applicable to combination injuries. Soucy v. Beacon Hospice, Inc., 25 Mass. Workers’ Comp. Rep. 311 (2011). In his recommittal decision, filed on October 18, 2011, the administrative judge wrote:

The insurer raises section 1(7A) arguing that the employee had several signficant pre-existing conditions that are responsible for any alleged disability. This defense is ably addressed by Doctors Welter and Lopez who found these pre-existing conditions, fibromyalgia, degenerative disc disease, bipolar disorder, depression and anxiety to have been worsened by the industrial injury. In adopting the opinions of these two doctors, I must find that the insurer’s 1(7A) defense has failed.

(Dec. 796.)

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.