Decision Cynthia Green v. Safe Passage, Inc.

Date: 09/28/2005
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 072438-01
Location: Boston
  • Employee: Cynthia Green
  • Employer: Safe Passage, Inc.
  • Insurer: One Beacon Insurance Co.

HORAN, J. The parties cross-appeal from a decision awarding the employee a closed period of § 34 benefits. The employee has been paraplegic since 1987. Twice in 2001, she fell from her wheelchair at work, and was injured. The insurer argues the judge failed to apply the § 1(7A) causal standard applicable to "combination" injuries, in view of the employee's pre-existing paraplegia. See G. L. c. 152, § 1(7A). The insurer also argues the judge erred by awarding the employee benefits based on her concurrent employment. We conclude recommittal is appropriate for findings on the § 1(7A) issue. If benefits are awarded following these findings, the judge should also reassess the employee's claim for a subsequent period of § 35 benefits.

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