Decision

Decision  Cheril Young v. Cape Cod Hospital

Date: 09/25/2001
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. Theresa M. Armstrong
Location: Boston
Referenced Sources: Cheril Young v. Cape Cod Hospital
  • Employee: Cheril Young
  • Employer: Cape Cod Hospital
  • Self Insurer: Cape Cod Hospital

LEVINE, J. The employee appeals from an administrative judge’s second denial of her claim for compensation benefits for an alleged work-related condition, Hepatitis C. In Young v. Cape Cod Hosp., 13 Mass. Workers’ Comp. Rep. 298 (1999), we reversed the judge’s prior decision. The judge had concluded that the exclusive medical evidence in the case – that of the §11A impartial physician – did not support a finding of causal relationship between the employee’s job as an emergency room technician and her Hepatitis C, because the doctor assumed a needle stick, which the employee did not remember. Id. at 301. We concluded that the medical opinion established causal relationship as a matter of law, because the occurrence of a needle stick was a rational inference that the doctor could draw as a result of his deductive reasoning. We recommitted the case for findings on, inter alia, the duration of total incapacity. Id. at 303. The judge then denied the claim again. As reason for this second denial, the judge considered that the recent Appeals Court opinion in Patterson v. Liberty Mut. Ins. Co., 48 Mass. App. Ct. 586 (2000), compelled him to disregard our interpretation of the medical opinion. (Dec. 9.) We disagree, because we consider that Patterson is distinguishable. Therefore, we reverse the decision. We award the benefits under §§30 and 34 that the judge specifically found the employee to be entitled to should we disagree with him. (Dec. 10-11.)

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