Decision  Michelle Grant v. Fashion Bug

Date:	03/01/2013
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 045514-04
Location:	Boston
Referenced Sources:	Michelle Grant v. Fashion Bug

• Employee: Michelle Grant
• Employer: Fashion Bug
• Insurer: American Casualty Company of Reading PA

HORAN, J. The insurer appeals from the fourth hearing decision¹ filed in this case, which awarded the employee permanent and total incapacity benefits from February 14, 2011, to date and continuing. It argues the judge’s failure to address its § 1(7A)² “combination” injury defense requires us to reverse the decision and vacate the award of benefits. We affirm.

¹  We refer to the first decision, filed on August 23, 2007, as Dec. I. We refer to the second decision, filed on March 2, 2010, as Dec. II; this decision was appealed. See Grant v. Fashion Bug, 24 Mass. Workers’ Comp. Rep. 347 (2010)(reversing decision and recommitting the case for judge to consider the opinion of the impartial medical examiner). We refer to the third decision, filed on January 20, 2011, as Dec. III, and the fourth decision, filed on February 29, 2012 and the subject of this appeal, as Dec. IV. Our decision in Grant, supra, was not appealed.

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.