Decision

Decision  Lalita Pandey v. Montgomery Rose Co.

Date: 12/21/2001
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 24649-99
Location: Boston
  • Employee: Lalita Pandey
  • Employer: Montgomery Rose Co.
  • Insurer: Florists Mutual Insurance Co.

WILSON, J. Once again we are called upon to plumb the stygian depths of § 1(7A) and its standard of "a major" cause.1 The parties cross appeal from a decision in which an administrative judge awarded the employee a closed period of incapacity benefits for a cumulative work injury. We summarily affirm the judge’s denial of ongoing incapacity benefits, challenged by the employee on appeal. We agree with the insurer that the decision is contrary to law as to any award of benefits, because the medical evidence simply does not meet the appropriately raised standard of "a major cause" under § 1(7A). We reverse the decision and deny the employee’s claim.

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1 G.L. c. 152, § 1(7A), provides in relevant 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.

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