Decision  Kenneth J. French v. Export Enterprises, Inc.

Date:	06/15/2010
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 046595-04
Location:	Boston

• Employee: Kenneth J. French
• Employer: Export Enterprises, Inc.
• Insurer: American Home Assurance

KOZIOL, J. The insurer appeals from a decision finding the employee sustained an emotional injury that arose out of and in the course of his employment and awarding the employee§ 30 medical benefits, as well as a closed period of § 34 total incapacity benefits followed by ongoing § 35 partial incapacity benefits. The insurer advances two grounds for its appeal. First, it maintains the impartial medical opinion adopted by the judge did not satisfy the predominant contributing cause standard set forth in§ 1(7A).¹ Second, it contends the judge impermissibly relied on so-called "gap" medical evidence to support his finding of predominant cause. For the following reasons, we affirm the decision.

¹ The third sentence of G. L. c. 152, § 1(7A) , provides:

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.