Decision  Jose Agosto v. MBTA

Date:	12/14/2007
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 015020-00
Location:	Boston

• Employee: Jose Agosto
• Employer: MBTA
• Self Insurer: MBTA

McCARTHY, J. The employee and self-insurer cross-appeal from a decision in which an administrative judge awarded the employee temporary total incapacity benefits for a work-related emotional disability. The self-insurer argues that the medical evidence does not support the judge’s award, because it was based on a foundation of work events that included bona fide personnel actions that are statutorily excluded as qualifying causes for emotional disabilities. See G. L. c. 152, § 1(7A).¹ The employee seeks recommittal, because the judge erred by failing to address his properly joined claim for permanent and total incapacity benefits. We disagree with the self-insurer, and affirm the decision with respect to its arguments. We agree with the employee. However, we consider recommittal unnecessary, in the light of the undisputed prima facie medical evidence of the impartial psychiatrist. See G. L. c. 152, § 11A(2).

¹  General Laws c. 152, § 1(7A), provides, in pertinent 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.