Decision  Mandy Goulet v. KMart Corporation

Date:	04/25/2012
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 038945-08
Location:	Boston

• Employee: Mandy Goulet
• Employer: KMart Corporation
• Insurer: Indemnity Insurance Company of America

KOZIOL, J. The insurer appeals from a decision awarding the employee § 34 benefits for incapacity related to a “combination” injury, after the judge found the work injury remained a major cause of the ensuing disability and need for treatment under § 1(7A).² The insurer contends that the judge misinterpreted the medical evidence which, it argues, cannot support the award of benefits as a matter of law. Because the decision lacks findings which adequately address the adopted medical evidence, we vacate the decision and recommit the case.

 

¹ Attorney Benoit appeared on behalf of the employee at Dr. Scott Cowan’s deposition. Attorney Weiner appeared on behalf of the employee at the depositions of Dr. Alan Bullock and Dr. Errol Mortimer.

² General Laws c. 152, § 1(7A), 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.