Decision  Michael J. Lovely v. Spinelli's Function Facility

Date:	01/23/2008
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board Nos. 073718-01, 024464-03
Location:	Boston

• Employee: Michael J. Lovely
• Employer: Spinelli's Function Facility
• Insurer: Eastern Casualty Insurance Co., Travelers Insurance Co.

FABRICANT, J. The second insurer (Travelers) in this successive insurer case appeals from a decision in which an administrative judge ordered it to pay the employee ongoing partial incapacity benefits stemming from a 2003 work injury. The employee cross-appeals. We summarily affirm the decision with respect to the employee’s appeal. As to Travelers’ appeal, we also affirm the decision. We address its argument regarding the "a major" cause provision of G. L. c. 152, § 1(7A), governing "combination" injuries.¹

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.