Decision  Ronald Gleason v. Toxikon Corp.

Date:	10/15/2009
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 employee appeals from a recommittal decision in which the administrative judge awarded him a short closed period of § 34 benefits. The employee contends the judge mischaracterized the impartial medical evidence, which supported his claim that his work injury remained a major cause of his disability under G. L. c. 152, § 1(7A).¹ We agree, and reverse the decision in part.

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