Date: | 05/30/2013 |
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Organization: | Department of Industrial Accidents |
Docket Number: | DIA Board No. 045803-97 |
Location: | Boston |
- Employee: Donna L. Remillard
- Employer: TJX Companies, Inc.
- Insurer: CNA Insurance Company
FABRICANT, J. The insurer appeals from a decision awarding § 34 benefits beginning May 10, 2010, for a November 21, 1997, accepted work injury. The insurer argues the judge erred in causally relating the employee’s incapacity to the 1997 injury instead of finding a new injury related to repetitive stress and lifting at work when a successive insurer was on the risk. Because neither party raised the possibility of a new cumulative injury or successive insurer liability in a timely or meaningful way, those issues were not before the judge.1 Therefore, as the medical evidence supports a continuing causal relationship to the 1997 injury, the judge did not err in finding the insurer responsible for the employee’s ongoing incapacity.