| Date: | 06/25/2002 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 035665-98 |
| Location: | Boston |
- Employee: Susan Scibilia
- Employer: J & R Schugel
- Insurer: Fireman’s Fund Insurance
McCARTHY, J. The employee appeals an administrative judge’s denial and dismissal of her claim for compensation. The judge found that § 7A applied to establish prima facie evidence that the employee’s fall at work, which left her with no memory of events immediately before or several weeks after the fall, was causally related to her employment. However, he further found that the prima facie effect of § 7A was overcome by evidence that the employee’s fall was idiopathic (i.e., stemmed solely from a personal illness or infirmity of the employee), and that the workplace did not expose her to increased danger or contribute to her fall. Accordingly, the judge found that the employee did not sustain an injury arising out of her employment, and denied and dismissed her claim. The employee appeals, challenging, among other things, the foundation for the judge’s finding that the fall was idiopathic. We agree with the employee on her foundational argument and recommit the case for further findings. In so doing, a reexamination of our interpretation of § 7A as it relates to testimonial incapacity is appropriate, as it is a recurring issue for administrative judges and the reviewing board.