Decision

Decision  Mark A. Cuddy v. Soundtrack Recording Studios

Date: 11/10/2004
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 054967-99
Location: Boston
  • Employee: Mark A. Cuddy
  • Employer: Soundtrack Recording Studios
  • Insurer: Eastern Casualty Insurance Co.

MCCARTHY, J. The insurer appeals from an administrative judge’s decision awarding the employee weekly incapacity benefits for an emotional injury under G. L. c. 152, § 1(7A).1 The employee appeals the judge’s modification of weekly incapacity benefits from total to partial as of the date of the impartial psychiatric examination. Because we agree with the insurer that the exclusive medical evidence of the § 11A impartial psychiatrist does not support the award of benefits, for the reasons that follow, we reverse the decision, and summarily dismiss the employee’s appeal.

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1  General Laws c. 152, § 1(7A), provides in pertinent part:

Personal injuries shall include mental or emotional disabilities only where the predominant contributing cause of such disability is an event or series of events occurring within any employment. . . . No mental or emotional disability arising principally out of a bona fide, personnel action including a transfer, promotion, demotion or termination except such action which is the intentional infliction of emotional harm shall be deemed to be a personal injury within the meaning of this chapter.

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