Decision

Decision  Richard T. King v. APA Transport

Date: 07/15/2008
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 030256-99
Location: Boston
  • Employee: Richard T. King
  • Employer: APA Transport
  • Insurer: Utica Mutual Insurance Co.

MCCARTHY, J. We have the insurer's appeal from a decision in which the administrative judge awarded the employee § 34A permanent and total incapacity benefits for a back injury. The first of three issues raised by the insurer merits discussion. The insurer contends that this case requires recommittal since the judge did not perform any analysis of its §1(7A) defense. We conclude that the opinion of the § 11A physician satisfied the applicable causation standard under § 1(7A) as a matter of law. Therefore, we affirm the decision.

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