|Organization:||Department of Industrial Accidents|
|Docket Number:||DIA Board No. 007656-02|
- Employee: Jean McCarthy
- Petition: Peabody Properties
- Insurer: United States Fire Insurance Co.
COSTIGAN, J. The insurer appeals from the judge’s award of § 34A permanent and total incapacity benefits for the employee’s accepted, work-related right knee injury. The insurer argues, inter alia, that given the employee’s pre-existing osteoarthritis, the administrative judge erred by failing to apply the heightened causal relationship standard of § 1(7A).1 We agree, reverse the decision and recommit the case for the judge to reconsider the medical evidence and conduct the requisite § 1(7A) analysis set forth in Vieira v. D’Agostino Assocs., 19 Mass. Workers’ Comp. Rep. 50 (2005).