| Date: | 05/06/1999 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 055915-95 |
| Location: | Boston |
- Employee: Robert Zimont
- Employer: New England Industrial Truck, Inc.
- Insurer: Eastern Casualty Inc. Co.
MAZE-ROTHSTEIN, J. The claimant appeals from a decision that dismissed her workers’ compensation claim for benefits as a result of her husband’s death alleged to be causally related to his employment. The employee, Robert Zimont, died on September 30, 1995 due to complications from triple bypass surgery following a July 8, 1995 heart attack. The claimant asserts that the failure to apply the prima facie effect of G.L. c. 152, § 7A is error. While the judge should have applied § 7A, we agree with the insurer that the failure to do so is harmless error given his adoption of a medical opinion that the work effort in no way contributed to the employee’s death. We therefore affirm the decision.