Decision

Decision  Toye Tavares v. MBTA

Date: 04/06/2020
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 027900-17
Location: Boston
  • Employee: Toye Tavares
  • Employer: MBTA
  • Self Insurer: MBTA

LONG, J.  The self-insurer appeals from a decision ordering § 34 temporary total incapacity benefits from October 25, 2017, to April 25, 2018, and medical benefits pursuant to §§13 
and 30, including recommended surgical procedures.  The self-insurer’s sole issue on appeal is whether “the administrative judge incorrectly shifted the burden of proof regarding the § 1(7A) issue to the self-insurer and incorrectly adopted the medical opinions of the treating physicians which did not address the ‘a major cause’ issue with regard to the left wrist injury.” (Insurer br. 1.)  We disagree with the self-insurer and affirm the hearing decision.

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