| Date: | 03/08/2006 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 044453-01 |
| Location: | Boston |
- Employee: Gilbert Dube (Deceased)
- Claimant: Ann Dube
- Insurer: Professional Liability Insurance Co.
MCCARTHY, J. The insurer appeals from a decision awarding the claimant death benefits under § 31. The hearing judge found that the employee, Gilbert Dube, suffered a work related back injury on November 7, 2001. The judge went on to find, " . . . that his mental state began to deteriorate and eventually that led to his taking his own life on December 17, 2001. . . ." (Dec. 21.) Among the gamut of issues raised by the insurer is the application of § 26A of the Act. That statute permits a dependent to recover death benefits for a suicide so long as it was the result of "such unsoundness of mind as to make the employee irresponsible for his act of suicide," when that unsoundness of mind was caused by the work injury. In this opinion, we address the insurer's contention that the employer's subsequent termination of the employee, as a bona fide personnel action under § 1(7A), was an intervening contributing cause of the employee's depression and resulting suicide, which bars the claimant's recovery as a matter of law. We disagree, and affirm the decision.