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De Filippo's Case

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eBook details

  • Title: De Filippo's Case
  • Author : Supreme Judicial Court of Massachusetts
  • Release Date : January 06, 1933
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 60 KB

Description

LUMMUS, Justice. The Industrial Accident Board found that in the course of his employment as a stonecutter the employee received an injury, arising out his employment, through the continual inhalation of particles of stone dust, which resulted in the condition called pneumonoconiosis, popularly called stonecutters' disease. This is a 'personal injury' within the Workmen's Compansation Act, G. L. (Ter. Ed.) c. 152, § 26. Sullivan's Case, 265 Mass. 497, 164 N.E. 457, 62 A. L. R. 1458; Fabrizio's Case, 274 Mass. 352, 174 N.E. 720; Langford's Case, 278 Mass. 461, 180 N.E. 228. The conduct of the employee in keeping at work as long as he could was not such a voluntary exposure to danger not contemplated by the contract of employment as to carry his injury outside 'the course of his employment,' under the rule laid down in Eifler's Case, 276 Mass. 1, 176 N.E. 529, and Roberts' Case (Mass.) 187 N.E. 556. The important question is, which of two successive insurers is liable? Claim was made against each. The Standard Accident Insurance Company ceased to be the insurer on January 10, 1932, and the Service Mutual Liability Insurance Company became the insurer on January 15, 1932. The board found that the employee became totally incapacitated for work on February 11, 1932, and that 'the accumulation of dust in the employee's lungs absorbed during the period from January 15, 1932 to February 11, 1932 was sufficient to and did cause the final breakdown on the latter date, during the coverage by the Service Mutual Liability Insurance Company.' Although the employee ceased to work on February 11, 1932, because he was laid off, the board could find that on that day he had reached the end of his capacity for work. From a decree against the Service Mutual Liability Insurance Company, it appealed. The claim against the other insurance company was dismissed by the Industrial Accident Board.


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