Date: | 04/08/2009 |
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Organization: | Department of Industrial Accidents |
Docket Number: | DIA Board No. 004688-06 |
Location: | Boston |
- Employee: Michael Beliveau
- Employer: Top Flite Golf Company
- Insurer: A.I.M. Mutual Insurance Company
FABRICANT, J. The insurer appeals from a decision awarding benefits for a low back injury sustained on January 20, 2006. The insurer's argument that the causative event, lifting a twenty pound plate of golf balls, is not a "personal injury," but "wear and tear" as defined in Zerofski's Case, 385 Mass. 580 (1982), is patently incorrect, and we summarily affirm the decision as to that issue. We also summarily affirm the decision as to the insurer's contention that the judge erroneously failed to assign an earning capacity.