Decision

Decision  Charlene Schwartz v. Partners Healthcare System, Inc.

Date: 07/23/2002
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 037772-96
Location: Boston
  • Employee: Charlene Schwartz
  • Employer: Partners Healthcare System, Inc.
  • Self Insurer: Partners Healthcare System, Inc.

CARROLL, J. The self-insurer appeals from a decision in which an administrative judge awarded the employee ongoing temporary total incapacity benefits for an accepted industrial knee injury. We agree with the self-insurer that the judge failed to address the application of the properly raised §1(7A) standard of "major" causation. However, because the judge adopted the impartial physician’s opinion, which was to the effect that the industrial injury was "a major" cause of the resultant disability, the employee has met that heightened causation standard as a matter of law. We also summarily affirm the decision as to the self-insurer’s other argument on appeal regarding the extent of the employee’s incapacity.

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