Decision  Constance Dellarusso v. Massachusetts General Hospital

Date:	12/07/2011
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 032270-09
Location:	Boston

• Employee: Constance Dellarusso
• Employer: Massachusetts General Hospital
• Self Insurer: Partners Healthcare System, Inc.

FABRICANT, J. The self-insurer appeals from a decision awarding the employee ongoing total incapacity benefits pursuant to § 34, and medical treatment pursuant to §§ 13 and 30, for the employee’s cervical and lumbar injuries. The self-insurer argues that the judge erred by failing to address its § 1(7A)¹  defense with respect to the employee’s cervical spine injury. Due to the absence of persuasive evidence of a pre-existing condition, we hold any error in failing to specifically address § 1(7A) harmless, and 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.