Decision  Earl H. Lesoine v. Corcoran Management Co., Inc.

Date:	06/27/2008
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board Nos. 041559-03, 040956-03
Location:	Boston

• Employee: Earl H. Lesoine
• Employer: Corcoran Management Co., Inc.
• Insurer: Wausau Business Insurance Co., Commerce and Industry Insurance Co.

HORAN, J. The second insurer in this successive insurer case appeals from a decision awarding the employee ongoing § 34 total incapacity benefits against it for a work aggravation of his previously injured and degenerating lumbar spine. The only argument on appeal challenges the judge's conclusion that the employee proved his claim under the heightened standard of causation applicable to "combination" injuries. G. L. c. 152, § 1(7A).¹ We affirm the decision.

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.