Decision  Edward Healey v. Tewksbury Hospital

Date:	03/28/2007
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 017953-00
Location:	Boston

• Employee: Edward Healey
• Employer: Tewksbury Hospital
• Self Insurer: Commonwealth of Massachusetts

FABRICANT, J. The self-insurer appeals from an administrative judge’s decision awarding the employee permanent and total incapacity benefits for an industrial aggravation injury to his lower back, subject to the relevant provisions of G. L. c. 152, § 1(7A).¹ The self-insurer argues that, as a matter of law, the § 11A medical evidence does not support the award of benefits, given the impartial physician’s opinion that the work injury was not a major cause of the employee’s present disability. We agree, and reverse the decision.

¹   General Laws c. 152, § 1(7A) , provides, in pertinent 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.