Decision  Robert J. Dorsey v. Boston Globe

Date:	12/21/2006
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 009219-01
Location:	Boston

• Employee: Robert J. Dorsey
• Employer: Boston Globe
• Self Insurer: New York Times

HORAN, J. Both parties appeal from a decision awarding the employee ongoing weekly partial incapacity benefits. They argue the judge misapplied the provisions of G. L. c.152, § 1(7A),¹ and also fault her decision to assign the employee an earning capacity.² With one modification, we affirm the decision.

¹  General Laws c. 152, § 1(7A), provides, 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.

² With this finding, the judge denied the employee’s § 34A claim, and rejected the self-insurer’s complaint to discontinue his incapacity benefits.