Decision  Christine Cannava v. City of Medford

Date:	02/28/2013
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 036961-09
Location:	Boston
Referenced Sources:	Christine M. Cannava v. City of Medford

• Employee: Christine Cannava
• Employer: City of Medford
• Self Insurer: City of Medford

KOZIOL, J. The employee appeals from a decision denying and dismissing her claim for § 34 benefits and § 30 medical benefits.¹ The employee argues the judge erred as a matter of law by applying § 1(7A)’s heightened causation standard. She seeks reversal and recommittal for findings pertaining to the extent of her incapacity. We agree that under the facts found, § 1(7A) does not apply to this case; however, the error requires us to vacate the decision and recommit for further findings of fact to address the threshold issue of liability.

¹ The employee’s original claim sought only the payment of § 30 medical benefits. (Dec. 2.) At hearing, the judge allowed the employee’s motion to amend her claim to join a claim for § 34 benefits from September 29, 2010, and continuing. (Dec. 2; Tr. 3-6.)