People involved in workplace accidents often suffer critical harm. If they suffer from a pre-existing condition prior to the accident, though, their employer may argue that their workplace injuries are not compensable. As long as their work injury constitutes a major cause of their deficits, however, they have the right to recover damages, as explained in a recent Massachusetts case. If you were hurt while at work, you should meet with a Massachusetts workers’ compensation attorney to evaluate what benefits are available.
Case Setting
It is alleged that the employee, a fifty-five-year-old pipefitter, suffered a neck injury on December 29, 2008, while working for the self-insured employer. The injury, combined with a pre-existing degenerative condition, led to surgery and subsequent disability. The impartial medical examiner attributed 40% of the disability to the work injury and 60% to the pre-existing condition. The administrative judge, adopting the medical examiner but disagreeing with the “major cause” interpretation, ruled that the work injury was a major cause based on the evidence before him. The board affirmed this decision. The employer appealed.
Workers’ Compensation Benefits for Parties with Pre-Existing Conditions
The appeal centered on the interpretation of the “major cause” standard under the Massachusetts Workers’ Compensation Act, particularly when an industrial injury combines with a non-compensable pre-existing condition to cause the employee’s disability. The employer contended that the board erred in not treating the impartial medical examiner’s opinion as binding and that the board’s interpretation of the statutory phrase “a major cause” was contrary to the law. Continue reading →