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Decision

Decision  Jane Doe (1) v. The Walker Home & School for Children and Department of Transitional Assistance

Date: 02/11/2020
Organization: Department of Industrial Accidents
Docket Number: DIA Board Nos. 036153-14, 013146-17
Location: Boston
  • Employee: Jane Doe
  • Employer: The Walker Home & School for Children and Department of Transitional Assistance
  • Insurer: Massachusetts Healthcare SIG and Commonwealth of Massachusetts

KOZIOL, J. In this case of first impression, we discuss the applicable legal standard where an employee, partially incapacitated as a result of a psychiatric sequela of a physical injury at her first employment, returns to work and then alleges a work-related worsening of the psychiatric condition to the point of total incapacity.

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1  We allowed the employee’s assented to motion ordering a pseudonym to be used for the employee.

2 The employee did not file a brief in this case. Instead, in correspondence filed with the reviewing board, the employee stated that she concurred with the brief filed by Massachusetts Healthcare SIG. Rizzo v. M.B.T.A., 16 Mass. Workers’ Comp. Rep. 160, 161 n.3 (2002), (reviewing board may take judicial notice of contents of board file).

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