Decision  George Botelho v. Ames Safety Envelope Co.

Date:	12/23/2009
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 022900-00
Location:	Boston

• Employee: George Botelho
• Employer: Ames Safety Envelope Co.
• Insurer: Graphic Arts Compensation Group

McCARTHY, J. The insurer appeals from a decision awarding the employee permanent and total incapacity benefits for impairments to his knee and lower back, causally related to his work injury of June 6, 2000. The insurer argues the judge erred by finding and concluding that the medical evidence satisfied the employee's burden of proving that his work injuries remained "a major but not necessarily predominant cause" of his disability under the provisions of § 1(7A).¹ For the reasons that follow, we affirm 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.