Decision

Decision  Terrell R. Elder v. Quabaug Corp.

Date: 09/25/2006
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 019717-02
Location: Boston
  • Employee: Terrell R. Elder
  • Employer: Quabaug Corp.
  • Insurer: Atlantic Charter Insurance Co.

CARROLL, J. The insurer appeals from a decision in which an administrative judge awarded the employee ongoing total incapacity benefits for a repetitive overuse injury involving his upper extremities. The insurer argues, among other things, that the judge erred by failing to apply the heightened causation standard applicable to "combination" injuries – "a major but not necessarily predominant cause" – to deny the employee’s claim. Without deciding whether § 1(7A) applies to the employee’s claim, we agree that the judge utterly failed to confront this issue. We therefore recommit the case for the judge to make findings on § 1(7A). See § 11B (decision must address each issues raised in hearing).

Table of Contents

Downloads   for Terrell R. Elder v. Quabaug Corp.

Help Us Improve Mass.gov  with your feedback

Please do not include personal or contact information.
Feedback