Carpenter's Case

923 N.E.2d 1026, 456 Mass. 436, 2010 Mass. LEXIS 183
CourtMassachusetts Supreme Judicial Court
DecidedMarch 31, 2010
StatusPublished
Cited by14 cases

This text of 923 N.E.2d 1026 (Carpenter's Case) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Carpenter's Case, 923 N.E.2d 1026, 456 Mass. 436, 2010 Mass. LEXIS 183 (Mass. 2010).

Opinion

Ireland, J.

David Carpenter (employee), a custodian at an elementary school in the city of Woburn (employer), died at the age of fifty-two while at work and after operating a heavy, commercial snow blower. He experienced “sudden cardiac death” (SCD) due to ventricular arrhythmia.1 The employer’s workers’ compensation insurer, MEA Workers’ Compensation SIG (insurer), appeals from a decision of the reviewing board of the Department of Industrial Accidents (board) affirming a decision of an administrative judge awarding burial expenses under G. L. c. 152, § 33, and survivor benefits under G. L. c. 152, § 31, to the employee’s widow. The insurer argues that the board incorrectly applied G. L. c. 152, § 7A (§ 7A),2 to the facts of this case; the board erroneously declined to consider the insurer’s defense [438]*438pursuant to G. L. c. 152, § 1 (7A) (§ 1 [7A]),3 concerning the effect of the employee’s preexisting coronary artery disease (CAD) on the element of causation; and the administrative judge erroneously applied § 1 (7A). We transferred the case from the Appeals Court, see G. L. c. 152, § 12 (2), on our own motion. We reject these arguments and affirm the board’s decision, as modified herein.

1. Background. We summarize the facts found by the administrative judge and adopted by the board.4 On Monday, January 24, 2005, the employee was working with a coworker clearing a large amount of heavy snow from school grounds. It had snowed over the course of the weekend, leaving an accumulation of two feet of snow, and as a result, the school was closed. After arriving at work at about 7:00 a.m., the employee spent the morning operating a large, commercial-model snow blower, shoveling a tall snow drift with his coworker, and replacing a broken cotter pin on the snow blower. Although the snow blower was self-propelling, it weighed about 200 pounds and had to be manually maneuvered from side to side and around sharp corners.

At 12:15 p.m., the employee went to lunch with his wife. During lunch, he did not voice any complaints or indicate that he was not feeling well. He returned to work at approximately 1:30 p.m.. At the time, it was cold outside, with temperatures ranging between nineteen and thirty-three degrees Fahrenheit.

The employee resumed operating the snow blower to improve the paths he had completed before lunch. His coworker heard the motor of the snow blower running continuously and, at approximately 1:50 p.m., went to check on the employee. He found the employee motionless, leaning against a snow drift “higher than a man” beside the snow blower. Emergency medical person[439]*439nel were summonsed and determined on arrival that the employee had no pulse. By ambulance, the employee was transported to a nearby hospital, where he was pronounced dead. The employee had experienced SCD.

2. Standard of review. An aggrieved party may seek judicial review of a decision of the board concerning workers’ compensation benefits. G. L. c. 152, § 12 (2). As specified in G. L. c. 152, § 12 (2), we review the board’s decision in accordance with the standards set forth in G. L. c. 30A, § 14 (7) (a)-(d), (f), and (g). Scheffer’s Case, 419 Mass. 251, 257-258 (1994). Pursuant to these statutory standards, we may reverse or modify the board’s decision when it is “[i]n violation of constitutional provisions,” “[i]n excess of the statutory authority or jurisdiction of the agency,” “[bjased upon an error of law,” “[mjade upon unlawful procedure,” “[ujnwarranted by facts found . . . where the court is constitutionally required to make independent findings of fact,” or is “[ajrbitrary or capricious, an abuse of discretion, or otherwise not in accordance with law.” G. L. c. 30A, § 14 (7) (a)-(d), (f), and (g). Under these standards, in determining whether the board properly affirmed the administrative judge’s findings, we consider “whether the decision is factually warranted and not ‘[ajrbitrary or capricious,’ in the sense of having adequate evidentiary and factual support and disclosing reasoned decision making.” Scheffer’s Case, supra at 258. See Robinson’s Case, 416 Mass. 454, 457 (1993) (standards identified in G. L. c. 152, § 12 [2], “may overlap with the substantial evidence standard”). Where a statute is involved, “[ajlthough ‘[tjhe interpretation of a statute by the agency charged with primary responsibility for administering it is entitled to substantial deference,’ Gateley’s Case, 415 Mass. 397, 399 (1993), ultimately the ‘duty of statutory interpretation is for the courts.’ Slater’s Case, 55 Mass. App. Ct. 326, 330 (2002).” Moss’s Case, 451 Mass. 704, 709 (2008).

3. Discussion, a. Application of § 7A. The insurer asserts that the employee’s SCD was inevitable and its occurrence at work was coincidental. Consequently, the insurer states that the board erred in affirming the administrative judge’s decision, arguing that he improperly applied § 7A on the issue of the causal link between employment and death. In support of this argument, the insurer contends that the administrative judge’s decision [440]*440reflects a misunderstanding of the medical evidence. We reject these arguments.

In Moss’s Case, supra at 707-708, we provided a comprehensive overview of § 7A, see note 2, supra:

“Section 7A is designed to ‘[t]o aid the victimf] of an unwitnessed accident’ who is unable to testify and therefore has difficulty meeting the burden of proving entitlement to compensation under G. L. c. 152. L.Y. Nason, C.W. Koziol, & R.A. Wall, Workers’ Compensation § 17.4 (3d ed. 2003). See id. at § 10.11. The section by its terms establishes prima facie evidence of four separate aspects of a workers’ compensation claim: (1) ‘that the employee was performing his regular duties on the day of injury or death’; (2) ‘that the claim comes within the provisions of [c. 152]’; (3) ‘that sufficient notice of the injury has been given’; and (4) ‘that the injury or death was not occasioned by the willful intention of the employee to injure or kill himself or another.’ G. L. c. 152, § 7A. In Anderson’s Case, [373 Mass. 813 (1977)], this court held that particularly the second of these, ‘the claim comes within the provisions of [c. 152],’ reflected a legislative intent that where an employee was found dead at his job, this fact should establish prima facie evidence that the employee’s death was causally related to his employment. The court stated:
‘For a claim to be compensable it must arise out of and in the course of employment. Clearly a causal relationship is required between the employment duties and the injury or death. In a case such as this one, where the employee was found dead at his place of employment, we construe the statute, § 7A, as establishing, inter alla, prima facie evidence of causal relationship between the employment and the injury or fatality. We believe that was the meaning intended by the Legislature, particularly in its use of the words, “and that the claim comes within the provisions of this chapter.” Anderson’s Case, [supra] at 816-817.’ ”5

An insurer may overcome the prima facie evidentiary effect [441]*441of § 7A by assuming the burden of production. In Anderson’s Case, supra at 817, we explained:

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Bluebook (online)
923 N.E.2d 1026, 456 Mass. 436, 2010 Mass. LEXIS 183, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carpenters-case-mass-2010.