| Date: | 11/17/2008 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 018358-03 |
| Location: | Boston |
- Employee: Christopher Boucher
- Employer: Edward Buick, Inc.
- Insurer: Associated Employers' Insurance Co.
HORAN, J. The insurer appeals from a decision awarding the employee permanent and total incapacity benefits for a work-related back injury sustained in a June 10, 2003 motor vehicle accident. We address the insurer's argument that the judge failed to make adequate findings with respect to its § 1(7A) "a major" causation defense. See Vieira v. D'Agostino Assoc., 19 Mass. Workers' Comp. Rep. 50 (2005). We conclude the judge was not arbitrary or capricious in declining to apply § 1(7A), insofar as he found the employee's pre-existing conditions did not contribute to the "resultant condition" responsible for his disability. (Dec. 15.) Accordingly, we affirm the decision.