| Date: | 09/16/2021 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No.- 034168-17 |
| Location: | Boston, MA |
- Employee: Gemma Tinnis
- Employer: Visiting Nurses Association of Boston
- Insurer: Charter Ins. Co.
LONG, J. The insurer appeals from a hearing decision ordering ongoing § 34 temporary total incapacity benefits and §§ 13 and 30 medical benefits for the employee’s low back injury. The insurer presents two issues on appeal, only one of which requires discussion, while the other is summarily affirmed. The insurer alleges “the administrative judge erred finding that the employee met her burden in overcoming the insurer’s M.G.L. chapter 152 section 1(7A) defense and [the decision was] thereby contrary to law[.] ” (Insurer br. 10.) While we find no error in the judge’s findings and uphold the September 9, 2020, hearing decision, we take this opportunity to address the insurer’s argument.