Decision  Scott D. MacDonald v. Acme Waterproofing

Date:	12/11/2007
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 042316-04
Location:	Boston

• Employee: Scott D. MacDonald
• Employer: Acme Waterproofing
• Insurer: Ohio Casualty Insurance Co.

COSTIGAN, J. The insurer appeals from a decision in which the administrative judge awarded weekly incapacity and medical benefits for an industrial injury to the employee’s low back. The insurer argues the judge erred by failing to apply the heightened "a major . . . cause" standard of G. L. c. 152, § 1(7A), because the employee had pre-existing degenerative disc disease that was not work-related.¹ Upon review of the judge’s findings and the medical evidence in the record, we conclude there was no error.

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.