[DOWNLOAD] "Casieri's Case" by Supreme Judicial Court of Massachusetts * Book PDF Kindle ePub Free
eBook details
- Title: Casieri's Case
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 05, 1934
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
WAIT, Justice. This is a proceeding under St. 1932, c. 117, § 1, amending G. L. (Ter. Ed.) c. 152, § 12, which seeks further hearings whether the incapacity of the petitioning employee is the result of injury for which he received compensation. The insurer defends on the ground that the statute, at least in the circumstances of this case, is unconstitutional. The material facts are as follows: The employee was injured June 23, 1927. An agreement duly approved was made for payment. Compensation was paid up to December 28, 1927, when, upon application by the insurer, leave was given to discontinue. The board member, on October 10, 1928, filed a decision: 'I am of the opinion that so far as the injury or any effects thereof are concerned all disability, so far as it affects his ability to earn wages is concerned, was at an end in December at the time when he last received compensation. There is therefore no further compensation due him.' The employee filed claim for review, on which the reviewing board affirmed and adopted the findings and decision of the single member by decision filed November 10, 1928. No appeal was taken. On a petition for rehearing based on a claim of present incapacity existing since March 1, 1928, a single member heard the parties in January of 1933. The employer and the insurer moved to dismiss, and for answer set up the finding of termination of incapacity. The single member denied the motion. He found that between the last hearing and August 26, 1929, a condition which totally disabled the employee developed in the leg and foot which had been injured; and that there was causal relationship between the accident of June 23, 1927, and this condition. He found that total disability began August 26, 1929, and continues. Compensation was ordered at $12.80 per week from August 26, 1929, to continue in accordance with the terms of the act. The insurer filed claim for review. The reviewing board, after hearing, denied requests, affirmed and adopted the findings and decision of the single member and ordered payments to be continued subject to provisions of the act. January 2, 1934, the superior court entered a decree in accord. The insurer appeals. This case differs in an essential respect from MacKinnon's Case, 190 N.E. 117, decided this day, in which we affirmed a decree granting compensation for a partial incapacity arising after a cessation of payment upon an agreement for compensation, and held that the Industrial Accident Board under G. L. c. 152, § 12, had authority to order payment for incapacity not provided for in the compensation agreement. Here, more than four years after a decision of the board that no incapacity existed -- a decision from which no appeal was taken -- the statute of 1932 grants further hearing on the issue of incapacity. In the case before us there had been a definite adjudication that no incapacity longer existed. In the earlier case there was no such adjudication. A statute has been enacted, after an adjudication apparently final at the time it was had, providing that such adjudication shall not be considered as final in fact or as res judicata at law. The question is the right of the Legislature so to provide under the Constitution of the United States and of this commonwealth.