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Decision Leanne Manzanero v. Beth Israel Deaconess Medical Center

Date: 08/14/2007
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 042340-01
Location: Boston
  • Employee: Leanne Manzanero
  • Employer: Beth Israel Deaconess Medical Center
  • Self Insurer: Caregroup, Inc.

HORAN, J. Both parties appeal from a decision awarding the employee a closed period of § 34 benefits, and ongoing § 35 benefits, for an October 15, 2001 work-related injury. The self-insurer raises several issues on appeal.1 The employee takes exception only to the judge’s earning capacity finding. We affirm the decision.

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1  The self-insurer raises issues on appeal regarding the application of G. L. c. 152, § 1(7A). That statute 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.