Decision  Kimberly Johnson v. Center for Human Development

Date:	11/09/2006
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 004506-04
Location:	Boston

• Employee: Kimberly Johnson
• Employer: Center for Human Development
• Insurer: Arch Insurance Co.

McCARTHY, J. Kimberly Johnson appeals from a decision in which an administrative judge denied and dismissed her claim for weekly incapacity benefits. The employee argues that the judge erred by applying the heightened § 1(7A) "major but not necessarily predominant" causation standard.¹  We agree and therefore reverse the decision and recommit the case.

1  General Laws c. 152, § 1(7A), reads 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.