Decision

Decision  Lawrence J. Robinson v. E. L. Harvey & Sons

Date: 01/26/1999
Organization: Department of Industrial Accidents
Docket Number: DIA Board Nos. 098496-88, 018210-89,065875-91, 006439-94, 053044-94
Location: Boston
  • Employee: Lawrence J. Robinson
  • Employer: E. L. Harvey & Sons
  • Insurer: Commercial Union Ins. Co., Kemper Ins. Co., Peerless Ins. Co.

MAZE-ROTHSTEIN, J. The employee appeals from a decision dismissing his claim for workers’ compensation benefits attributable to deep venous thrombosis (blood clotting) in his left lower leg. He asserts error in the application of the rule in Zerofski’s Case, 385 Mass. 590 (1982). We agree that the failure to address pivotal evidence regarding whether his employment as a truck driver involved "an identifiable condition that is not common or necessary to all or a great many occupations" was error. Id. at 595. For this reason, we recommit the case for further findings.

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