No. 02634096 (1999). EMPLOYEE: Cheril Young.

• Case Date: September 01, 1999
• Court: Massachusetts

Massachusetts Workers Compensation 1999. No. 02634096 (1999). EMPLOYEE: Cheril Young COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF INDUSTRIAL ACCIDENTS EMPLOYEE: Cheril Young EMPLOYER: Cape Cod Hospital INSURER: Cape Cod HospitalBOARD NO. 02634096REVIEWING BOARD DECISION (Judges Levine, Carroll and Maze-Rothstein)APPEARANCES Brenda J. McNally, Esq., for the employee Linda C. Scarano, Esq., for the self-insurer at hearing Paul M. Moretti, Esq., for the self-insurer on brief LEVINE, J. Cheril Young appeals from the decision of an administrative judge denying and dismissing her claim for workers' compensation benefits based on her infection with the Hepatitis C virus. In his decision, the administrative judge found that Ms. Young was totally temporarily incapacitated as a result of the illness but ruled that, as a matter of law, she had failed to satisfy her burden of proving causal relationship. Because the judge erred, we reverse the finding on causal relationship and recommit the case for determination of the duration of incapacity. The employee was fifty years old when the hearing on this matter was held. Over the course of her adult life, she had worked in a variety of positions in the health care profession. (Dec. 3, 4.) She began her employment with Cape Cod Hospital in 1988, working as a health care technician on a medical floor; in 1990 she began working as an emergency room technician. This job involved obtaining patient vital signs, assisting doctors in suturing and applying orthopedic splints, transporting patients and generally assisting in major traumas. (Dec. 4.) The employee did not perform invasive procedures but would assist and clean up afterwards. She disposed of "sharps boxes" and approximately three times per month she would clean "suture sharps." (Dec. 4, 5.) She does not recall ever having been stuck or cut. (Dec. 5.) She had no risk factors for contracting Hepatitis C, (Dec. 5-6), 1 other than her employment. In June 1996, the employee began to experience severe abdominal pain, diarrhea, jaundice, itching, loss of appetite and weight loss. (Dec. 6, 7.) She was subsequently diagnosed with Hepatitis C. (Dec. 7.) She has been placed on a number of medications and has experienced a gradual improvement in her symptoms although she continues to experience abdominal pain, fatigue and nausea. Id. The employee filed a claim for benefits which the self-insurer opposed. Her claim was initially denied after a § 10A conference. The employee appealed to a hearing de novo. (Dec. 2.) Pursuant to § 11A she was examined by Dr. Bernard Aserkoff, a board certified gastroenterologist, whose practice includes the treatment of Hepatitis C patients. (Dec. 8.) In his July 23, 1997 report, Dr. Aserkoff opined that the employee suffered from chronic Hepatitis C infection causally related to her employment resulting in medical disability that is "likely to be total and permanent." (DIA Exhibit 1.) In his decision the judge adopted the opinion of the § 11A examiner relative to diagnosis and resulting...