Decision  Stella Lyons v. Chapin Center

Date: 01/13/2003
Organization: Department of Industrial Accidents
Docket Number: DIA Board Number 054706-98
Location: Boston
  • Employee: Stella Lyons
  • Employer: Chapin Center
  • Insurer: Managed Comp. Insurance Co.

WILSON, J. The insurer appeals from a decision in which an administrative judge awarded compensation benefits to the employee for industrial low back injuries occurring in June and December 1998. One of the insurer’s arguments is dispositive. Because the insurer raised the defense of § 1(7A), the employee was called upon to prove that her industrial injuries were "a major cause" of her disability and need for treatment in light of her pre-existing, non-compensable, back condition. As the employee failed to meet this burden of proof, we reverse the decision.

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