Crowley's Case

191 N.E. 668, 287 Mass. 367, 1934 Mass. LEXIS 1153
CourtMassachusetts Supreme Judicial Court
DecidedJuly 5, 1934
StatusPublished
Cited by42 cases

This text of 191 N.E. 668 (Crowley'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
Crowley's Case, 191 N.E. 668, 287 Mass. 367, 1934 Mass. LEXIS 1153 (Mass. 1934).

Opinion

Lummus, J.

The evidence warranted a finding that the employee “strained” his left groin while pushing a heavy barrel in the course of his employment on Friday, October 30, 1931, at five o’clock in the afternoon. He felt a pain unlike any that he had ever felt before. It felt “as though something snapped.” He complained of the pain to a fellow workman, but did not stop work, although he “took it easy” for a while. He thought “that there was nothing serious about it that he had to give up.” He worked the next day as usual; there was “heavy lifting connected with his work right along.” On the following Monday, November 2, 1931, he began service as a juror which continued until he resumed his employment on December 7, 1931. On December 12, 1931, he suffered severe pain in the same place while lifting a box. On that day he noticed for the first time a swelling in the left groin, not larger than the little finger. It gradually grew larger. He did not stop work, for he had dependents to provide for, and could not afford to stop. He continued to work until he “strained” himself in the same place while lifting the carcass of a lamb [370]*370off a hook on March 17, 1932, and had to go home for the rest of the day. The next day he resumed work, and worked until April 4, 1932, when he had an operation for hernia. The operation was a success, and he went back to work, cured, on May 31, 1932.

He did not report the incident of October 30, 1931, to anyone in authority until he told his “boss” about it on March 17, 1932. He did not mention the incident of December 12,. 1931, until he made a written report of all the incidents before described to the Century Indemnity Company on April 1, 1932.

The Century Indemnity Company was the insurer until December 1, 1931, and was succeeded, as insurer by the Globe Indemnity Company. A single member of the Industrial Accident Board found that the employee received a personal injury on March 17, 1932, when the hernia “manifested itself so that the employee had to give up work,” and held the Globe Indemnity Company liable. That company filed a claim for review. The reviewing board, reversing the single member (Minns’s Case, 286 Mass. 459, 462), found (1) that a personal injury was received “as a result of the strain of pushing a heavy barrel of spare ribs on October 30, 1931, which brought on a left inguinal hernia and finally totally incapacitated the employee” the following spring, (2) that the Century Indemnity Company was the insurer at the time of the injury, (3) that the period of incapacity was not prolonged by reason of the failure of the employee to give written notice of his injury until April 1, 1932, or to bring home to the insurer or the insured any form of knowledge or notice until March 17, 1932, and (4) that the insurer was not prejudiced by such want of notice. The Superior Court entered a decree, based on total incapacity, against the Century Indemnity Company, and'it appealed. The first, but not the only, contention of the Century Indemnity Company is, that the injury was received after it had ceased to be the insurer, and consequently that it cannot be held.

The time when a personal injury is received, within the [371]*371meaning of the workmen’s compensation act (G. L. [Ter. Ed.] c. 152, § 26), is important in several respects. The injury must be received by the employee “in the course of his employment.” G. L. (Ter. Ed.) c. 152, § 26. An insurer is not responsible unless the period covered by its policy includes “the time of the injury.” G. L. (Ter. Ed.) c. 152, § 26. De Filippo’s Case, 284 Mass. 531, 533. Furthermore, a notice of the injury must be given to the insurer or insured “as soon as practicable after the happening thereof,” although such notice is excused in certain circumstances. G. L. (Ter. Ed.) c. 152, §§ 41-44. Kangas’s Case, 282 Mass. 155. Still further, a claim for compensation ordinarily must be made within six months after the “occurrence” of the injury. G. L. (Ter. Ed.) c. 152, §§ 41, 49. Johnson’s Case, 279 Mass. 481. Gaffer’s Case, 279 Mass. 566.

Our statute does not require that the injury be caused by some definite accident. There may be an accident without injury, and there may be an injury without accident. Hurle’s Case, 217 Mass. 223, 226. Madden’s Case, 222 Mass. 487. Mooradjian’s Case, 229 Mass. 521. Sullivan’s Case, 265 Mass. 497. See also G. L. (Ter. Ed.) c. 152, § 19, where the two words are contrasted. Where the injury results from the gradual accumulation in the body of harmful foreign matter, it has been said that “a ‘personal injury’ occurs when the accumulation becomes so great as to cause incapacity for work, and not before.” De Filippo’s Case, 284 Mass. 531, 534, and cases cited. See also Rousu v. Collins Co. 114 Conn. 24; Michna v. Collins Co. 116 Conn. 193. An injury may be found to have arisen out of and in the course of the employment, although it cannot be shown to have originated in any definite incident or at any definite time. Bean’s Case, 227 Mass. 558. Mills’s Case, 258 Mass. 475. Jarvis’s Case, 274 Mass. 305. Slocombe’s Case, 285 Mass. 31. The legal time of occurrence of such an injury has not been clearly adjudicated. Perhaps the time when the injury became manifest would govern, for some purposes at least. In one such case the Industrial Accident Board, for the purpose of beginning the payments to dependents, was said to be “justified in taking the date when the hernias caused the employee to give

[372]*372up work as the date of the injury.” Atamian’s Case, 265 Mass. 12, 16. See also Harrington’s Case, 285 Mass. 69.

Difficulty arises, however, even when the incapacity can be traced to a happening at a single moment of time. Manual labor not infrequently involves strain's, scratches and bruises, deemed trivial at the time, which sometimes have the most serious consequences, often considerably delayed. In many such cases an employee in practice gives no notice of the injury. The practical difficulty which arises from the statutory duty of the employee to give notice of the injury “as soon as practicable after the happening thereof ”(G. L. [Ter. Ed.] c. 152, § 41), is not great, even though it be held that an apparently trivial hurt is still an injury within the act. Under similar language, it has been held in England that it is not “practicable” and therefore not required for an employee to give notice of an injury while he reasonably considers it so trivial that there is no likelihood that it will ever become compensable. Fenton v. Owners of Ship Kelvin, [1925] 2 K. B. 473. Albison v. Newroyd Mill, Ltd. 95 L. J. K. B. 667. Sharrod v. Warwickshire Coal Co. Ltd. 22 B. W. C. C. 599. Our own decisions point in the same direction. Carroll’s Case, 225 Mass. 203. Duffy’s Case, 226 Mass. 131, 135, 136. Levangie’s Case, 228 Mass. 213, 218. DeFelippo’s Case, 245 Mass. 308. Moore’s Case, 249 Mass. 173, 176. See also Brackett’s Case, 126 Maine, 365. In such cases no notice is required until a compensable incapacity becomes likely, and the employee need not resort to the statutory provisions dispensing with notice when there is knowledge or want of prejudice. G. L. (Ter. Ed.) c. 152, § 44. Kangas’s Case, 282 Mass. 155. Neither is there any difficulty in such cases as to the requirement of making “claim for compensation with respect to such injury . . . within six months after its occurrence.” G. L. (Ter. Ed.) c.

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Bluebook (online)
191 N.E. 668, 287 Mass. 367, 1934 Mass. LEXIS 1153, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crowleys-case-mass-1934.