Decision Sandra Ricard v. Seven Hills Foundation

Date: 11/16/2005
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 043883-01
Location: Boston
  • Employee: Sandra Ricard
  • Employer: Seven Hills Foundation
  • Insurer: Arrow Mutual Liability

FABRICANT, J. The insurer appeals from a decision in which an administrative judge awarded the employee workers' compensation benefits for an injury that, arguably, was subject to the heightened causation provisions of § 1(7A) for industrial injuries that combine with pre-existing, non-compensable medical conditions.1 Because the judge failed to adequately address the many elements of the fourth sentence of § 1(7A), we recommit the case.


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