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Decision

Decision  Joanne Talbot v. Department of Correction

Date: 03/21/2008
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 024201-04
Location: Boston
  • Employee: Joanne Talbot
  • Employer: Department of Correction
  • Self Insurer: Commonwealth of Massachusetts

HORAN, J. The employee appeals from an administrative judge's decision denying her compensation claim for a mental or emotional disability. 1 We reverse the decision and recommit the case for further findings of fact.

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1 General Laws c. 152, § 1(7A), provides, in relevant part: Personal injuries shall include mental or emotional disabilities only where the predominant contributing cause of such disability is an event or series of events occurring within any employment. . . . No mental or emotional disability arising principally out of a bona fide, personnel action including a transfer, promotion, demotion or termination except such action which is the intentional infliction of emotional harm shall be deemed to be a personal injury within the meaning of this chapter.

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