| Date: | 06/28/2001 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 006818-96 |
| Location: | Boston |
- Employee: Russell Cook
- Employer: Stop and Shop Company
- Self Insurer: Stop and Shop Company
MAZE-ROTHSTEIN, J. In this complex case involving industrial injuries in 1994 and 1996, and non-industrial injuries in 1992 and 1995, the self-insurer appeals an award of G.L. c. 152, §34A, permanent and total incapacity benefits. Two issues raised by the self-insurer warrant recommittal. First, the self-insurer argues that the judge should have applied §1(7A) because the employee had a pre-existing cervical condition resulting from a prior noncompensable motor vehicle accident. Second, the self-insurer contends that the judge misstated, and then relied upon, the opinion of the self-insurer’s psychiatric expert regarding mental disability. We agree in part with the self-insurer on the first issue and hold that further analysis under §1(7A) is necessary. We also agree that the psychiatric disability opinion relied upon by the judge was misstated. Therefore, we recommit the case for further findings consistent with this opinion. See G.L. c. 152, §11C.