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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).

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