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In re Cheril Young's Case8/31/2005
or or predominant contributing cause a personal injury arising out of and in the course of the employee's employment"). See also Rodrigues's Case, 296 Mass. 192, 195 (1936), and cases cited (employee "not required to exclude all other possible sources of his injury . . . or to show its precise cause"). Here, the IME considered and ruled out all likely causes other than workplace exposure from a contaminated instrument.
Finally, we are unpersuaded that the board applied an improper standard of review to the administrative judge's decision. "According to G. L. c. 152, § 11C, as amended by St. 1991, c. 398, § 31, ' he reviewing board shall reverse the decision of an administrative judge only if it determines that such administrative judge's decision is beyond the scope of his authority, arbitrary or capricious, or contrary to law.'" Hicks's Case, 62 Mass. App. Ct. 755, 763 (2005). The administrative judge framed his ruling on the sufficiency of the IME's opinion as an issue of law and the ruling was properly treated as contrary to law by the board. In any event, even under an abuse of discretion standard of review, the result would be the same. See, e.g., Fourth Street Pub, Inc. v. National Union Fire Ins. Co., 28 Mass. App. Ct. 157, 161 (1989) (judge abused his discretion by striking expert testimony that was "based upon reasonably adequate familiarity with the facts").
Judgment affirmed.
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