Legal Opinion

Stewart's Case

Massachusetts Appeals Court

Decided August 4, 2009No. 08-P-919Published

1Opinion of the Court

In this “combination injury” case, the reviewing board of the Department of Industrial Accidents, in a split decision, affirmed the decision of an administrative judge, who found that “a major cause” of the employee’s disability remained the compensable injury that she sustained at work. See G. L. c. 152, § 1(7A), inserted by St. 1991, c. 398, § 14. At issue is whether the administrative judge’s heightened causation finding was supported by the medical evidence upon which he relied.

As determined below, Claudette Stewart (employee), a practice assistant at Beth Israel Deaconess Medical Center1…

2Cases cited4 opinions

  1. Robinson's CaseMassachusetts Supreme Judicial Court · 1993
  2. Sullivan v. First Massachusetts Financial Corp.Massachusetts Supreme Judicial Court · 1991
  3. Patterson v. Liberty Mutual InsuranceMassachusetts Appeals Court · 2000
  4. May's CaseMassachusetts Appeals Court · 2006

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