Amon's Case

52 N.E.2d 582, 315 Mass. 210, 1943 Mass. LEXIS 962
CourtMassachusetts Supreme Judicial Court
DecidedDecember 27, 1943
StatusPublished
Cited by17 cases

This text of 52 N.E.2d 582 (Amon's Case) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Amon's Case, 52 N.E.2d 582, 315 Mass. 210, 1943 Mass. LEXIS 962 (Mass. 1943).

Opinion

Dolan, J.

This workmen’s compensation case comes before us on the appeal of the employee from, a decree entered in the Superior Court dismissing his claim for compensation, in conformity with the decision of the Industrial Accident Board.

All the material evidence appears in the record. G. L. (Ter. Ed.) c. 152, § 8. The single member’s decision contains the following findings of fact: On July 21, 1937, while in the employ of the Compo Shoe Machinery Corporation and engaged in his work of assembling machines, the employee scratched the middle finger of his right hand. Two days later he was admitted to a hospital on account of an infection in that finger, and on July 25, 1937, he was operated upon for an abscess overlying the “distal phalange” of the finger. On August 13, two “phalanges” of the finger were amputated. On August 27, 1937, he was discharged from the hospital though “still running a slight septic temperature.” He was readmitted to the hospital on August 30 and remained there until October 16, 1937, for care of this condition of his finger and an “abscess of his left buttock and [212]*212a phlebitis of the left leg.” Later, an extensive swelling of the left leg developed and extended "from the toes up to the groin.” There was "pitting edema present over the tibia,” and at that time “his case was diagnosed as ‘ a deep phlebitis’ or a ‘lymphangitis with blocking of lymphatic.’” Prior to his injury he had enjoyed good health but since his injury "he has never been entirely free from symptoms.” He was paid compensation under approved agreements “up to January 3, 1938, when he signed an agreement to discontinuance of compensation and returned to work.” Since July 15, 1940, he has been unable to work or even to walk properly. On July 24, 1940, he was admitted to the Baker Memorial Hospital for study because of inability to get about actively and because of weakness in his left leg and left arm. On March 28, 1941, he was admitted to the Boston City Hospital for study by an impartial neurosurgeon, Dr. Munro, and on February 18, 1942, was examined by Dr. Allen, designated as an impartial physician, who was a specialist in vascular diseases.

Following these findings the single member summarized the testimony of Dr. Sziklas, a general surgeon who had been called as witness by the employee, to the effect that in his opinion “the employee had a blood stream infection, the germs of which entered the system originally through the infected finger; that this blood stream infection has produced a neuritis and inflammation of the spinal cord which was the cause of the employee’s disability”; that “there must be something wrong with the spinal cord, which he calls inflammation”; that he did "not know whether there was anything that would point out the presence of specific bacteria that would have effect on the spinal cord”; that he “just argues ‘that there must be some such agent there,’” but had "not heard of a case like this or read about one in literature.”

The single member then contrasted the testimony of that doctor with that of the impartial neurosurgeon, Dr. Munro, to the effect that the employee was then suffering from a chronic degenerative disease of the spinal cord (and possibly of the cerebellum) which may be either “multiple sclerosis [213]*213or amyotrophic lateral sclerosis”; t-hat neither of these conditions is industrial and in the light of the employee’s history “neither can be ascribed to such an antecedent cause as is present in this patient”; that in his opinion his present condition “has no significant relationship with the injury that he sustained in July, 1937”; that it is “debatable as to whether or not his present disability is contributed to in a small way by the residual phlebitis and the associated impaired circulation in the left leg”; that although “certainly present . . . [he] believe[s] that it is of little significance in relation to his activity and his ability to work,” but that such as it is “this part of his symptoms may be and should be traced to the infection in his finger in July, 1937.”

The single member then referred to the testimony of Dr. Allen, the impartial vascular expert, to the effect that the employee has a little residual swelling from the phlebitis which followed his injury, but that all people who have had phlebitis have some residual swelling and that this, although annoying, does not handicap them from the usual occupations, and would not handicap the employee “if he had not had an intercurrent condition develop.”

The single member after contrasting the testimony of Dr. Munro and Dr. Sziklas, in terms tending to indicate that he placed more reliance upon the opinions expressed by Dr. Munro, concluded his decision thus: “In view of the foregoing evidence and inferences therefrom, I find and rule that this employee has failed to sustain his burden of proving that any disability which he had subsequent to July 15, 1940, was related to his injury of July 21, 1937. His claim for further compensation is therefore and hereby dismissed.”

After the proceedings before the single member and the filing of an impartial report by Dr. Allen, the employee filed certain documents which “he styled as follows: ‘William F. Amon Motion to Strike Out Medical Report and Claim an Exception if not Struck Out,’ and ‘William A. Amon Claim of Exceptions.’ These documents [the single member stated] apparently raise an objection to all of Dr. Allen’s report generally, together with the questions put [214]*214to him by the board member and to certain parts of Dr. Allen’s reports specifically. No reasons are set forth in either one for the objection raised and said objections are overruled and said motions, if they mean motions, are denied.” This action of the single member was not erroneous. See Indrisano’s Case, 307 Mass. 520, and cases cited.

In their findings and decision upon review, the board recited that the employee presented several papers to the board “titled” as follows: “(1) William F. Amon’s motion to dismiss this action for lack of jurisdiction. (2) Employee’s bill of exceptions. (3) William F. Amon’s motion to strike the following evidence from the single member’s report. (4) William F. Amon request for rulings of law. (5) Plaintiff’s brief on the law. All such papers are made part of this record by reference.” The board denied his motion to dismiss the claim for lack of jurisdiction, and his motion to strike out certain evidence; and declined to act with reference to his bill of exceptions and to act upon his requests for rulings, having stated that the “report and decision of the single member and this decision” of the board “contain all the evidence and constitute the record in the case.” The board on consideration of all the evidence affirmed and adopted thé findings and decision of the single member, and denied the employee’s claim for further compensation.

It is settled that the decision of the board “is to stand unless it is unsupported by the evidence, including all rational inferences that the testimony permitted.” Sawyer’s Case, ante, 75, 76, and cases cited. An examination of the evidence discloses that, with respect to whether the disability for which claim is now made was a consequence of the original injury sustained by the employee, the testimony was conflicting. The testimony of Dr. Sziklas would warrant a finding that the present disability did arise out of the original injury, which arose out of and in the course of the employee’s employment. On the other hand, there was evidence that would warrant a finding that it was not causally related to the original injury.

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Cite This Page — Counsel Stack

Bluebook (online)
52 N.E.2d 582, 315 Mass. 210, 1943 Mass. LEXIS 962, Counsel Stack Legal Research, https://law.counselstack.com/opinion/amons-case-mass-1943.