| Date: | 05/25/2004 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 014474-01 |
| Location: | Boston |
- Employee: Samuel A. Caruso
- Employer: Hair Club for Men
- Insurer: Public Service Mutual Insurance Co.
CARROLL, J. The insurer appeals from a decision in which an administrative judge awarded the employee benefits for an emotional injury sustained as a result of an event at work. The insurer challenges the judge's finding that the event was the predominant contributing cause of the employee's emotional disability, as per the applicable provision of G. L. c. 152, § 1(7A). We summarily affirm the decision on this point, because the deposition testimony of the impartial physician, as adopted and found by the judge, was that the work event was the predominant contributing cause, in that it was "the single most important, influential or forceful cause of medical disability." (Dec. 13; Dep. 28-29, 33.) See Siano v. Specialty Bolt & Screw, Inc., 16 Mass. Workers' Comp. Rep. 237, 240 (2002). We cannot say that the judge's finding, or his legal conclusion drawn therefrom, is arbitrary, capricious or contrary to law. G. L. c. 152, § 11C. The insurer also argues that the judge failed to apply the § 1(7A) provision exempting bona fide personnel actions from the scope of liability for emotional work injuries. We agree, and therefore recommit the case for further findings.