| Date: | 04/03/2000 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 054447-96 |
| Location: | Boston |
- Employee: Deborah Fairfield
- Employer: Communities United
- Insurer: Eastern Casualty Insurance Co.
MAZE-ROTHSTEIN, J. The insurer appeals a decision in which the judge, on the issue of earning capacity, rejected the insurer’s expert vocational testimony regarding a telemarketing position; the judge reasoned that "[s]uch positions as pornographer, abortionist and telemarketer" are too lowly to consider in ascertaining employability. (Dec. 863.) We reverse and recommit the case for further earning capacity findings. We reject the insurer’s contention that the judge erred by failing to apply the "a major but not necessarily predominant cause" standard of §1(7A).