Decision  Jean P. Celko v. PJ Overhead Door, Inc.

Date:	01/20/2009
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 026669-05
Location:	Boston

• Employee: Jean P. Celko
• Employer: PJ Overhead Door, Inc.
• Insurer: AIM Mutual Insurance Co.

McCARTHY, J. The insurer appeals from the decision of an administrative judge awarding workers' compensation benefits for the employee's lower back injury. It seeks reversal, arguing that the medical evidence does not meet the employee's "a major" causation burden of proof as set forth in G. L. c. 152, § 1(7A).¹ We recommit the case for further findings.

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.