Date: | 05/27/2003 |
---|---|
Organization: | Department of Industrial Accidents |
Docket Number: | DIA Board No. 001632-99 |
Location: | Boston |
Referenced Sources: |
Roger H. Piekarski v. National Non-Wovens Lalita Pandey v. Montgomery Rose Co. |
- Employee: Neil L. Fanjoy
- Employer: Norway Landscaping Corp.
- Insurer: Norguard Insurance Co.
MAZE-ROTHSTEIN, J. The insurer appeals from a decision that awarded the employee temporary total incapacity benefits for an industrial back injury, which aggravated a pre-existing disc herniation. The insurer argues that because the employee either lost consciousness or had a seizure that precipitated the injury – which resulted in a collision while snow plowing – it did not arise out of the employment. We affirm the decision as to that issue. The insurer also argues that the exclusive G. L. c. 152, § 11A, medical evidence did not support the conclusion that the industrial injury constituted "a major cause" of the employee’s medical disability under the applicable provisions of § 1(7A).1 We agree, and reverse the decision.