Decision  Noemi Pena v. Massachusetts Bay Transit Authority (MBTA)

Date:	05/07/2025
Organization:	Department of Industrial Accidents
Docket Number:	DIA # 016411-20
Location:	BOSTON, MA

• Employee: Noemi Pena
• Employer: Massachusetts Bay Transportation Bay Authority
• Self Insurer: Massachusetts Bay Transportation Bay Authority

FABRICANT, J.  The parties cross-appeal from a hearing decision ordering payment of weekly benefits pursuant to § 34, from April 6, 2020, and continuing, medical benefits pursuant to §§ 13 and 30, and § 36(1)(k)^[1] benefits, all resulting from an alleged work-related exposure to COVID-19.  Specifically, the employee appeals the denial of benefits pursuant to § 34A and § 36(1)(j), while the self-insurer argues the judge exceeded the scope of his authority by finding COVID-19 was an inherent risk of employment qualifying the employee’s illness as a work-related injury.  For the following reasons, we recommit the case for further consideration of the § 34A claim and otherwise affirm the decision.

[1] General Laws c. 152 § 36(1)(k) provides additional compensation:

For bodily disfigurement, an amount which, according to the determination of the member or reviewing board, is a proper and equitable compensation, not to exceed fifteen thousand dollars; which sum shall be payable in addition to all other sums due under this section. No amount shall be payable under this section for disfigurement that is purely scar-based, unless such disfigurement is on the face, neck or hands.