Decision  Wendy Spencer Cotter v. North Shore Medical Center

Date:	09/19/2011
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 043436-04
Location:	Boston

• Employee: Wendy Spencer Cotter
• Employer: North Shore Medical Center
• Self Insurer: Partners Healthcare System, Inc.

LEVINE, J. The self-insurer appeals from a decision awarding the employee § 34A permanent and total incapacity benefits for a December 1, 2004, accepted bilateral upper extremity injury. Although the judge erred as to his reason for rejecting the application of § 1(7A)’s combination injury provisions¹ to the employee’s claim, the error is harmless. We affirm the decision.

¹  General Laws c. 152, § 1(7A), provides, in pertinent part:

If a compensable injury or disease combines with a pre-existing condition, which resulted from an injury or disease not compensable under this chapter, to cause or prolong disability or a need for treatment, the resultant condition shall be compensable only to the extent such compensable injury or disease remains a major but not necessarily predominant cause of disability or need for treatment.