(Download) "Anderson's Case" by Supreme Judicial Court of Massachusetts # Book PDF Kindle ePub Free
eBook details
- Title: Anderson's Case
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 24, 1934
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
FIELD, Justice. This is a workmen's compensation case. G. L. (Ter. Ed.) c. 152. The employee ceased working December 4, 1930, after he had worked for the employer a little less than seven years. The insurer from November 14, 1929, to November 14, 1930, was the General Accident Fire & Life Assurance Corporation. The insurer for December 3 and 4, 1930, was the Employers' Liability Assurance Corporation. It does not appear that the employer was insured between November 14, 1930, and December 3, 1930. The superior court entered a decree in accordance with the findings of the Industrial Accident Board adjudging that the employee received a personal injury between November 14, 1929, and November 14, 1930, arising out of and in the course of his employment by the employer and has continued to be totally incapacitated for work as a result of such injury since December 4, 1930, and ordering payment of compensation to the employee by the General Accident Fire & Life Assurance Corporation. The single member found that 'Any delay that may have occurred in giving notice or filing a claim in this case is no bar to these proceedings, for I find that the insurer has not been prejudiced by such delay.' But the board made no specific finding on the subject of notice. This insurer appealed. The appellant, hereinafter referred to as the insurer, contends, in substance, (a) that the evidence did not warrant the finding that the employee received a personal injury during the period covered by its policy -- November 14, 1929, to November 14, 1930 -- and that liability to pay compensation, if any exists, is upon the later insurer, and (b) that the evidence did not warrant the finding that the insurer was not prejudiced by want of notice of the injury, and that, consequently, the employee is barred from maintaining these proceedings by such want of notice. The insurer, however, does not now contend that the employee is barred from maintaining these proceedings by delay in making claim for compensation. G. L. (Ter. Ed.) c. 152, § 41.
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