Decision  Ralph Seney v. Department of Youth Services

Date:	05/08/2018
Organization:	Department of Industrial Accidents
Docket Number:	Dia Board Nos. 007365-14, 022260-12, 017964-08
Location:	Boston

• Employee: Ralph Seney
• Employer: Department of Youth Services
• Self Insurer: Commonwealth of Massachusetts

CALLIOTTE, J.  Both parties appeal from a decision in this factually complex case involving three work-related accidents and multiple non-work-related motor vehicle accidents.  Although the judge erred in his § 1(7A)¹ analysis, he reached the correct result.  We therefore affirm the judge’s decision ordering the self-insurer to pay the employee a closed period of § 34 temporary total incapacity benefits, and continuing § 35 partial incapacity benefits, for his low back condition, but denying his request for back surgery. 

¹ General Laws c. 152, § 1(7A), states, in relevant 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.