Decision  Paul Fahey v. Suffolk Country Sheriff's Dept.

Date:	01/30/2009
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 014063-03
Location:	Boston

• Employee: Paul Fahey
• Employer: Suffolk Country Sheriff's Dept.
• Self Insurer: City of Boston

FABRICANT, J. The self-insurer appeals the administrative judge's award of benefits for a work-related aggravation of the employee's pre-existing osteoarthritic knee condition. The self-insurer challenges the judge's conclusion that § 1(7A)¹ "a major" causation, applicable to industrial aggravations of non-work-related impairments, did not apply to the employee’s 2003 work aggravation of prior injuries. Because the judge applied the law on the scope of § 1(7A) properly, we affirm the decision.

1 General Laws c. 152, § 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.