Decision

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. 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.

Table of Contents

Downloads   for Christine Litch v. American Airlines

 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.

Help Us Improve Mass.gov  with your feedback

Please do not include personal or contact information.
Feedback