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Decision Susan L. Lefebvre v. Sandelswood, Inc., d/b/a The Maids

Date: 05/15/2007
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 013994-04
Location: Boston
  • Employee: Susan L. Lefebvre
  • Employer: Sandelswood, Inc., d/b/a The Maids
  • Insurer: American Home Assurance Company

COSTIGAN, J. The employee appeals from an administrative judge’s decision denying and dismissing her claim for workers’ compensation benefits. The insurer had raised the provisions of G. L. c. 152, § 1(7A),1 in defense of the employee’s claim, and the judge ruled that the employee failed to meet her burden of proving that her work-related right hip injury was, and remained, a major but not necessarily predominant cause of her disability and need for medical treatment. We summarize the pertinent facts.

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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.

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