Date: | 09/25/2006 |
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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).