Decision  Dorothy Lawson v. MBTA

Date:	12/21/2001
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 22378-98
Location:	Boston

• Employee: Dorothy Lawson
• Employer: MBTA
• Self Insurer: MBTA

WILSON, J. The employee appeals from a decision in which an administrative judge awarded her a closed period of incapacity benefits for a May 17, 1998 industrial injury to her lower back, but denied continuing benefits on the ground that the 1998 injury did not remain "a major" cause of her disability pursuant to G.L. c. 152, § 1(7A).¹ The employee argues that the judge erred in applying the provisions of § 1(7A) to her claim. We agree that the decision does not adequately address the nature of the employee’s pre-existing lower back impairment by deciding whether the condition was causally related to earlier compensable injuries, thereby removing the employee’s claim from the reach of § 1(7A). We therefore recommit the case for further findings.

We also summarily affirm the judge’s allowance of the self-insurer’s motion to allow additional medical evidence due to the inadequacy of the § 11A examiner’s report, as the employee withdrew her opposition and joined in the motion by letter dated May 5, 2000. (Dec. 4.).

¹ G.L. 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.