Decision

Decision  Daniel Morgan v. Seaboard Products

Date: 10/06/2000
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 57220-90
Location: Boston
  • Employee: Daniel Morgan
  • Employer: Seaboard Products
  • Insurer: Liberty Mutual

MCCARTHY, J. The employee, Daniel Morgan, appeals from a decision in which an administrative judge denied his claim for §30 medical benefits for treatment alleged to be causally related to his accepted 1990 industrial accident. Mr. Morgan suffered a non-work-related slip and fall further injuring his back a month before he had surgery in September 1997. The judge denied §30 medical benefits based on the occurrence of the non-work-related accident. Because we agree with Mr. Morgan that the judge misapplied the law governing independent intervening causes, and that the medical evidence indisputably indicates a causal connection between the 1990 industrial accident and the 1997 surgery, we reverse the decision and award the medical benefits claimed.

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1 Judge Smith no longer serves as a member of the reviewing board.

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