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.

 

 

 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.)