Decision  Carlos Rivera v. Conair Martin Industries

Date: 03/31/2003
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 026067-97
Location: Boston
Referenced Sources: Anton Jobst, Jr. v. Leonard T. Grybko
Deborah Fairfield v. Communities United
Joseph E. Frey v. Mulligan, Inc.
Linda Hinton v. Mass Mutual Life Insurance Company
Americo Capozzi v. Allen Davis dba Brockton Auto Repair
  • Employee: Carlos Rivera
  • Employer: Conair Martin Industries
  • Insurer: Liberty Mutual Insurance Company

LEVINE, J. The employee appeals from a decision in which an administrative judge denied and dismissed his claim for workers’ compensation benefits due to a July 2, 1997 work injury. The employee argues that the judge erred (1) by imposing the heightened "a major cause" standard of § 1(7A) without the insurer having raised it; (2) by not striking the opinion of the impartial physician; and (3) by failing to find liability and award medical benefits for his low back injury. We recommit the case for further findings using the simple causation standard.

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