Decision  James Pratt v. Transcend Carriers

Date:	08/27/2004
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 032479-00
Location:	Boston

• Employee: James Pratt
• Employer: Transcend Carriers
• Insurer: Connecticut Indemnity Company

LEVINE, J. The employee appeals from a decision terminating his workers’ compensation benefits, because the administrative judge concluded that the employee’s industrial injury was no longer a major cause of his neck impairment, within the meaning of G. L. c. 152, § 1(7A).¹ We conclude that the opinion of the § 11A physician satisfied the applicable causation standard under § 1(7A) as a matter of law. We therefore reverse the decision as to causal relationship, and order that the insurer pay § 35 benefits in accordance with the judge’s findings on the extent of the employee’s incapacity. (Dec. 5.)

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.