Decision  Roland D. Libby v. National Restaurants Corp.

Date:	02/21/2006
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 003419-03
Location:	Boston

• Employee: Roland D. Libby
• Employer: National Restaurants Corp.
• Insurer: A.I.M. Mutual Insurance Co.

HORAN, J. The insurer appeals from a decision awarding the employee ongoing partial incapacity benefits for a February 4, 2003 industrial accident. The insurer argues the judge failed to properly apply the duly raised provisions of § 1(7A),¹ and that reversal of the decision is therefore warranted. We share some of the insurer's concerns, particularly with regard to the decision's lack of sufficient § 1(7A) findings. We do not think, however, that the ambiguous testimony of Dr. Silver is susceptible only to the insurer's interpretation. As a result recommittal, and not reversal, is appropriate.

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