Decision  Ronald Gleason v. Toxikon Corp.

Date:	03/20/2008
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 001564-05
Location:	Boston

• Employee: Ronald Gleason
• Employer: Toxikon Corp.
• Insurer: Chubb National Insurance Co.

FABRICANT, J. The insurer appeals from a decision in which the administrative judge awarded the employee ongoing § 34 benefits for a lower back injury with a resultant mental disability. Because the judge failed to make findings on the insurer's defense of § 1(7A) "a major" causation, ¹ and because he also decided an issue not before him, we reverse the decision and recommit the case for further findings.

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.