Decision

Decision  Percida Maldonado v. CPF Incorporated

Date: 11/07/2018
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 036112-13
Location: Boston
  • Employee: Percida Maldonado
  • Employer: CPF Incorporated
  • Insurer: AIM Mutual Insurance Co.

FABRICANT, J.  On appeal from a decision awarding the employee weekly benefits pursuant to § 34, and medical benefits under § 30, the insurer seeks reversal on the grounds that the employee’s theory of recovery runs afoul of the holding in Zerofski’s Case, 385 Mass. 590 (1982).  It argues the injury developed from a wear and tear type repetitive activity, rather than from a specific incident or series of harmful incidents at work arising from an identifiable condition not common and necessary to all or a great many occupations, and that the evidence does not support the judge’s findings of fact on that issue.  We affirm the decision.

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