| Date: | 07/19/2001 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 018511-94 |
| Location: | Boston |
- Employee: David Tirone
- Employer: MBTA
- Self Insurer: MBTA
CARROLL, J. The employee appeals from a decision in which an administrative judge allowed the self-insurer’s request to discontinue payment of §35 benefits for an accepted industrial accident occurring on May 24, 1994. The employee argues that the judge erred by basing the discontinuance on a job offer that did not exist as of the date assigned to discontinue weekly benefits. We agree, vacate the discontinuance date, and order discontinuance as of the date on which the job offer was made. The employee also challenges the judge’s findings on the effect of a subsequent motor vehicle accident on the continuing liability of the workers’ compensation insurer for any potential future benefits. The judge concluded that the subsequent motor vehicle accident broke the chain of causation between the industrial accident and any after-occurring incapacity or need for treatment. We reverse that finding and conclusion. We otherwise affirm the decision.