Decision  Neil L. Fanjoy v. Norway Landscaping Corp.

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.

¹ General Laws c. 152, § 1(7A), as amended by St. 1991, c. 398, §§ 13 to 15, provides, in pertinent part:

If a compensable injury combines with a pre-existing injury or disease, which is 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.