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Decision George Dussault v. Ryder Systems, Inc.

Date: 01/31/2007
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 014615-01
Location: Boston
  • Employee: George Dussault
  • Employer: Ryder Systems, Inc.
  • Self Insurer: Ryder Systems, Inc.

CARROLL, J. The self-insurer appeals from a decision in which an administrative judge awarded the employee ongoing temporary total incapacity benefits for an accepted work-related back injury. Because we agree with the self-insurer that the judge failed to make any findings on the application of the self- insurer’s defense of § 1(7A) "major" causation,1  we recommit the case for further findings.

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

If a compensable in jury 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.