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Decision Joseph F. Cole v. Roger Kent & Co., Inc.

Date: 01/20/2010
Organization: Department of Industrial Accidents
Docket Number: DIA Board Nos. 041795-97, 024191-05
Location: Boston
  • 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.

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1 American was on the risk on the date of the employee's industrial injury, October 23, 1997. The parties stipulated that Continental's coverage began on October 14, 2002 (Dec. 4.)