Decision  James Silva v. Massachusetts Bay Transportation Authority

Date:	07/03/2008
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 007568-01
Location:	Boston

• Employee: James Silva
• Employer: Massachusetts Bay Transportation Authority
• Self Insurer: Massachusetts Bay Transportation Authority

McCARTHY, J. The self-insurer appeals the decision of an administrative judge awarding the employee § 34A permanent and total incapacity benefits, reasonable and related medical costs, attorney's fees and expenses. The self-insurer contends the employee failed to carry the heightened burden of proof necessary to satisfy the requirements of § 1(7A).¹ (Self-Ins. br. 1-2). After review, we recommit the case to the administrative judge for findings on the issue of § 1(7A).

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.