Decision

Decision Patricia Mallas v. Favorite Nurses

Date: 05/26/2005
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 057107-99
Location: Boston
  • Employee: Patricia Mallas
  • Employer: Favorite Nurses
  • Insurer: Fireman's Fund Ins. Co.

HORAN, J. The insurer appeals an administrative judge's decision to award weekly indemnity benefits1 to the employee for a hernia condition. (Dec. 6-9.) The judge found the employee's hernia was caused and/or aggravated by a lifting incident at work on October 21, 1999. (Dec. 5-7.) The insurer raises four issues on appeal, one of which concerns the application of § 1(7A).2 Because the decision lacks sufficient subsidiary findings on that issue, we vacate the award of benefits, and recommit the case.

 

 

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1The employee was awarded ongoing §35 benefits following the payment of closed periods of §35 and §34 benefits. The insurer was also ordered to pay medical benefits and counsel fees.

2The insurer raised §1(7A) at hearing. (Tr. 7-8.) Employee's counsel did not object to its consideration as an issue. Id. Section 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.

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