Decision Linda Myers v. M.B.T.A.

Date: 01/28/2005
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 030605-01
Location: Boston
  • Employee: Linda Myers
  • Employer: M.B.T.A.
  • Insurer: M.B.T.A.

HORAN, J. The self-insurer appeals from a decision awarding the employee § 34 benefits due to a work-related aggravation of her pre-existing bladder infirmity. The self-insurer contends the judge failed to make findings pertinent to the applicable causal relationship criteria,1 and that the award is unsupported by the medical evidence. We agree the judge failed to expressly address the § 1(7A) issue, but we nevertheless affirm the decision, as the medical evidence adopted met the proper standard.



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 1The insurer raised § 1(7A) in defense of the employee's claim. That section 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.

(Emphasis added.)