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.

 

 

¹ The 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.

² The 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.