|Organization:||Department of Industrial Accidents|
|Docket Number:||DIA Board Nos. 041795-97, 024191-05|
- Employee: Joseph F. Cole
- Employer: Roger Kent & Co., Inc.
- Insurer: American Manufacturers Mutual Ins. Co., Continental Casualty Ins. Co.
COSTIGAN, J. The employee and American Manufacturers (American), the first of two insurers in this successive insurer case,1 cross appeal from a decision in which the administrative judge concluded the employee had failed to prove a new work-related injury to his neck. The judge ordered American to pay ongoing § 35 partial incapacity benefits and medical benefits, and dismissed the employee's claim of a new injury against Continental Casualty (Continental), the successive insurer. Because we agree the judge failed to consider a cumulative injury theory with respect to the employee's claim of a neck injury, we recommit the case for further findings.