Decision  Karen Cappello v. DTR Advertising, Inc. and Cricket Productions, Inc.

Date:	03/23/2011
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board Numbers 026109-07, 022705-07
Location:	Boston

• Employee: Karen Cappello
• Employer: DTR Advertising, Inc., Cricket Productions, Inc.
• Insurer: Hartford Insurance Co., Workers' Compensation Trust Fund

HORAN, J. The insurer¹ and employee appeal from a decision awarding the employee benefits for a work-related emotional injury. The insurer avers the adopted medical evidence does not support the judge's conclusion that the work-related events experienced by the employee were the "predominant contributing cause of [her emotional] disability."² The employee argues the judge erred by failing to address her § 28 claim against the insurer.³  Agreeing with the employee, we recommit the case for further findings.

¹  We refer to Hartford Insurance Company as the insurer in this decision. Because the appellants do not challenge the judge's dismissal of the employee's claims against the Workers' Compensation Trust Fund, and in light of the issues raised on appeal, the Trust Fund is no longer a party to this case as of the filing date of our decision, See discussion, infra.

²  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 with the meaning of this chapter.

³  General Laws c. 152, § 28, provides, in pertinent part:

If the employee is injured by reason of the serious and wilful misconduct of an employer . . . the amounts of compensation hereinafter provided shall be doubled.