Decision  Claudette C. Stewart v. Beth Israel Deaconess Medical Center

Date:	04/08/2008
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 040177-99
Location:	Boston

• Employee: Claudette C. Stewart
• Employer: Beth Israel Deaconess Medical Center
• Self Insurer: Caregroup, Inc.

HORAN, J. The self-insurer appeals from a decision awarding workers' compensation benefits for the employee's neck injury. It urges reversal of the decision, arguing the employee failed to sustain her "a major" causation burden as set forth in G. L. c. 152, § 1(7A). ¹ We affirm the decision.

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.