Decision  John J. Kryger v. Victory Distribution

Date: 03/03/2003
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 011393-99
Location: Boston
  • Employee: John J. Kryger
  • Employer: Victory Distribution
  • Insurer: Worcester Insurance Company

MCCARTHY, J. The insurer appeals from a decision in which an administrative judge awarded compensation benefits to an employee on his claim for an industrially based aggravation of his pre-existing asymptomatic aortic stenosis. (Dec. 6.) Because we agree with the insurer that the employee failed to prove that his industrial accident was a major cause of the resultant disability and need for treatment under G. L. c. 152, § 1(7A), we reverse the decision.1

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1  General Laws c. 152, § 1(7A), as amended by St. 1991, c. 398 §§ 13 to 15, 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.

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