| Date: | 12/17/2008 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 06023-05 |
| Location: | Boston |
- Employee: Johan Drumond
- Employer: Boston Healthcare for the Homeless
- Insurer: Independence Casualty Insurance Co.
McCARTHY, J. The parties cross-appeal from a decision in which the administrative judge awarded benefits under §§ 34 and 35 for work-related knee and elbow injuries, but terminated weekly payments as of the date of a non-work-related motor vehicle accident increasing the employee's symptoms. Because the judge misapplied the governing law we reverse and recommit the case for further proceedings consistent with this opinion. As to the insurer's appeal, we agree that the judge on recommittal must also address its duly-raised defense of § 1(7A) "a major" causation.