Decision  Julieta Barbosa v. Harvard University

Date:	08/10/2011
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 010961-08
Location:	Boston

• Employee: Julieta Barbosa
• Employer: Harvard University
• Self Insurer: Harvard University

HORAN, J. The self-insurer appeals from a decision awarding the employee weekly incapacity benefits under §§ 34 and 35. It argues the judge erred by awarding § 34 benefits for a period when the employee was indisputably performing part-time work in her own business. It also posits the exclusive medical evidence of the § 11A physician failed to support the judge’s finding that the work injury remained a major cause of the employee’s disability and need for treatment. See G. L. c. 152, § 1(7A).¹ We agree the judge erred by awarding § 34 benefits for the period of time the employee was self-employed, but reject the self-insurer’s § 1(7A) argument. We recommit the case for a determination of the employee’s earning capacity for the closed period discussed below.²  

 

¹  General Laws c. 152, § 1(7A), 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.

²   We otherwise summarily affirm the decision.