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Decision Brian LaFleur v. MCI Shirley

Date: 12/07/2010
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 009526-08
Location: Boston
  • Employee: Brian LaFleur
  • Employer: MCI Shirley
  • Self Insurer: Commonwealth of Massachusetts

KOZIOL, J. The self-insurer appeals the judge's decision ordering it to pay the employee ongoing § 34 total incapacity benefits based on a "combination" injury within the meaning of G. L. c. 152, § 1(7A).1 Agreeing with the self-insurer that the decision contains inadequate finding of facts regarding the application of § 1(7A), we recommit the case. We also vacate the judge's award of interest. G. L. c. 152, § 50. 2

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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 that such compensable injury or disease remains a major but not necessarily predominant cause of disability or need for treatment.

2 General Laws c. 152, § 50, provides, in pertinent part:

Whenever payments of any kind are not made within sixty days of being claimed by an employee, dependent or other party, and an order or decision requires that such payments be made, interest at a rate of ten percent per annum of all sums due from the date of the receipt of the notice of the claim by the department to the date of payment shall be required by such order or decision.