(DOWNLOAD) "De Pietro's Case" by Supreme Judicial Court of Massachusetts " eBook PDF Kindle ePub Free
eBook details
- Title: De Pietro's Case
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 15, 1933
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
RUGG, Chief Justice. This employee fell in the mill of her employer on February 21, 1929, and was paid total disability compensation until July 17, 1929, when payments were discontinued by order of a board member. The case was heard again by a board member whose decision filed on November 25, 1929, was that on July 17, 1929, she had recovered sufficiently from her injuries to resume her former employment. This decision was affirmed and adopted by the reviewing board on April 2, 1930. The employee filed an application for rehearing which was denied. The case was subsequently recommitted by the superior court to the Industrial Accident Board for a hearing as to her right to compensation from November 13, 1929, to the date of the hearing, and in the discretion of the board as to her right to compensation from July 17 to November 13, 1929. Pursuant to this decree the Industrial Accident Board as matter of discretion denied the claim for compensation from July 17 to November 13, 1929, and ordered the case heard by a single member on the right to compensation after November 13, 1929. The case was heard at length by a single member who found that it was a matter of conjecture and surmise whether the present condition of the employee had any causal relation to her accident, and therefore found that since November 13, 1929, she had suffered no disability due to her injury and has been able to do any work that she did at the time of her injury. The reviewing board upon all the evidence affirmed and adopted the findings of the single member. A decree was entered in the superior court adverse to the employee. Her appeal brings the case here. The only questions raised relate to the final hearings before the single member and the reviewing board. It cannot be said that there was any abuse of discretion of the board in refusing to grant a further hearing as to compensation between July 17 and November 13, 1929. Davis v. Boston Elevated Railway, 235 Mass. 482, 497, 126 N.E. 841.