Decision  Christine Litch v. American Airlines

Date:	11/20/2018
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 030839-14
Location:	Boston

• Employee: Christine Litch
• Employer: American Airlines
• Insurer: National Union Fire

LONG, J.  The insurer appeals from a decision ordering ongoing § 34 temporary total incapacity and § 30 medical benefits, including surgery, for the employee’s cervical condition.  The insurer argues the administrative judge erred when he relied for support upon a § 11A report that predated its discontinuance request to support the award and to defeat the insurer’s § 1(7A) defense.¹  In addition, the insurer argues that the medical opinions on which the judge relied did not sufficiently address the § 1(7A) heightened causation standard.  For the following reasons, we vacate the decision, in part, and recommit the case to the judge for further findings.

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