Decision  Kim Benson V. UPS

Date:	05/15/2012
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board Nos. 032652-01, 030270-10, 030269-10, 030501-09
Location:	Boston

• Employee: Kim Benson
• Employer: UPS
• Self Insurer: Helmsman Management Services, Inc. c/o Liberty Mutual Ins. Co.

FABRICANT, J. The self-insurer appeals from a decision in which the administrative judge awarded the employee § 30 medical benefits for a total knee replacement, and § 34 total incapacity benefits for the resulting period of recuperation. Raising the defense of § 1(7A) “a major” causation applicable to combination injuries,¹ the self-insurer argues that the need for surgery was not caused by the employee’s work activities, and that the judge misinterpreted the medical evidence in finding that it was. We affirm.

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.