Decision  Martin Peeler v. Massachusetts Turnpike Authority

Date:	04/02/2012
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No.037589-98
Location:	Boston

• Employee: Martin Peeler
• Employer: Massachusetts Turnpike Authority
• Self Insurer: Massachusetts Turnpike Authority

HORAN, J. The self-insurer appeals from a decision awarding the employee § 34A permanent and total incapacity benefits from September 25, 2005 to date and continuing. It argues the judge erred by failing to require the employee to prove his case under the “a major” causation standard in § 1(7A).¹ We affirm.²

 

¹ 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.

² On November 18, 2011, the employee filed a motion to dismiss the self-insurer’s appeal alleging that it was not filed within thirty days of the filing date of the hearing decision. In fact, the appeal was timely filed.