|Organization:||Department of Industrial Accidents|
|Docket Number:||DIA Board No. 028613-01|
- Employee: Timothy Payton
- Employer: Saint Gobain Norton Co.
- Insurer: Pacific Employers Insurance
McCARTHY, J. The employee appeals from an administrative judge’s decision finding he failed to meet his burden of proving that racially harassing incidents at work were the predominant cause of his emotional disability. See G. L. c. 152, § 1(7A).1 Because we agree with the employee that the judge erred by substituting his opinion on causation for the prima facie medical opinion of the § 11A examiner, we reverse the decision and recommit the case to the administrative judge for a determination of when the employee’s permanent and total incapacity began.