[PDF] Top 20 Chapter 7: Workmen's Compensation

... an issue that had not been raised before the single member./d. The court noted that to preserve a question for appeal, the issue can be raised either before the single memb[r] ... See full document

... MACEY J. During the 1965 SURVEY year the workmen's com- pensation legislation enacted by the General Court has had very little effect on the current status of workmen's comp[r] ... See full document

... In this field of social legislation administered by a quasi-judicial board, the Court for the most part reiterated prin- ciples determined in many previous decisions, t[r] ... See full document

... While conceding that the evidence warranted findings that the employee committed suicide while insane and that the insanity resulted from the injury, the Court hel[r] ... See full document

... Supreme Judicial Court reversed the decision of the Review Board, which had been sustained by the Superior Court, on the grounds that the claimant failed to produce suffic[r] ... See full document

... A decision of the single member, affirmed and adopted by the review- ing board, allowing partial incapacity compensation only to February 28, 1964, was reversed as tainted with lega[r] ... See full document

... tion of section 2A in that case, because such application would have resulted in an increase in the amount of compensation to be paid by the employer.23 Such an in[r] ... See full document

... It is submitted that Section 36A of our Massachusetts act is the logical extension, to a certain class of widows, of an arbitrary principle of extra compensation payment[r] ... See full document

... Compensation shall be payable under this chapter in respect of disability or death of an employee, but only if the disability or death results from an injury occu[r] ... See full document

... Al- though Section 18 would seem merely to make the general contractor secondarily liable to pay compensation to injured employees of sub- contractors or independent[r] ... See full document

... The Supreme Judicial Court also considered a companion case involving this same insurer's appeal from the decree of the Single Justice dismissing a petition broug[r] ... See full document

... 39 The motion was denied with the statement, "[t]here being no authorization in the applicable statutory provisions for an award of counsel fees in a case in which the cl[r] ... See full document

... The Court considered questions of first impression in five cases: whether a wife can receive payment for nursing services rendered an injured husband;l whether the [r] ... See full document

... Thus, the Eisner Court read section 15 to require a deceased employee's dependents to pay certain proceeds received in personal injury and wrongful death claims to the workmen[r] ... See full document

... A reasonable argument could be made that the Court should have held that, as the receipt of benefits for the 400-week period does not depend upon need, and as there[r] ... See full document

... A good case can be made, based upon a respectable body of estab· lished case law, for the proposition that the Industrial Accident Board is not warranted in disrega[r] ... See full document

... But, Justice Counihan contended, the evidence would warrant a finding that there was an underlying general rela- tionship of employer-employee and therefore the cas[r] ... See full document

... The Supreme Judicial Court, in affirming the decision of the board, pointed out that the insurer did not make a physical examination of the employee until nearly eight mont[r] ... See full document

... The Court pointed out 10 that this strict nine-month limitation is not as onerous as it might appear since the insurer may bring its third-party action once cla[r] ... See full document

... member pursuant to section 7, the insurer was ordered to pay, in rela- tion to the husband's injury, compensation benefits to the husband and dependency benefits for the wife a[r] ... See full document