Decision  David Carpenter (deceased) v. City of Woburn

Date:	01/29/2009
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 001342-05
Location:	Boston

• Claimant: Susan Carpenter
• Employer: City of Woburn
• Insurer: MIIA Workers' Compensation SIG

KOZIOL, J. The insurer appeals from a decision awarding § 33 burial expenses and § 31 survivor's benefits to the claimant widow. The insurer argues that the judge improperly applied the provisions of § 7A¹ to find a work injury established by virtue of that section's prima facie effect, and erred in failing to apply the "major" causation provision of § 1(7A).²  We disagree with both contentions and affirm the decision.

¹ General Laws c. 152, § 7A, provides:

In any claim for compensation where the employee has been killed or found dead at his place of employment or, in the absence of death, is physically or mentally unable to testify, and such testimonial incapacity is causally related to the injury, it shall be prima facie evidence that the employee was performing his regular duties on the day of injury or death and that the claim comes within the provisions of this chapter, that sufficient notice of the injury has been given and that the injury or death was not occasioned by the willful intention of the employee to injure or kill himself or another.

² 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.