Decision  David Cvinar v. 128 World of Transportation

Date:	06/27/2012
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board Nos. 043509-07, 025100-09, 025101-09, 026625-09, 026627-09
Location:	Boston

• Employee: David Cvinar
• Employer: 128 World of Transportation
• Insurer: AIM Mutual Insurance Company, Arbella Indemnity Insurance Company, United States Fire Insurance Company, Insurance Company of the State of Pennsylvania

FABRICANT, J. AIM Mutual Insurance Company (AIM) appeals from a decision finding it liable for an injury to the employee’s left shoulder, requiring total shoulder replacement, and ordering it to pay a closed period of § 34 total incapacity benefits, ongoing § 35 partial incapacity benefits, and medical benefits pursuant to §§ 13 and 30. Because we agree that the judge did not clearly adopt an expert medical opinion supporting his findings or perform an adequate § 1(7A)¹ analysis, we vacate the decision, and recommit the case for further findings of fact.

¹ General Laws c. 152, § 1(7A) , provides, in relevant 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.