Hurley's Case

Massachusetts Supreme Judicial Court

Hurley's Case

237 N.E.2d 25, 354 Mass. 762, 1968 Mass. LEXIS 947

CourtMassachusetts Supreme Judicial Court

DecidedMay 6, 1968

StatusPublished

This text of 237 N.E.2d 25 (Hurley'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

Hurley's Case, 237 N.E.2d 25, 354 Mass. 762, 1968 Mass. LEXIS 947 (Mass. 1968).

Pincite

Opinion

The reviewing board adopted the findings and decision of the single member that the employee on December 3, 1958, suffered an injury which arose out of and in the course of his [763]*763employment. The board reversed the decision of the single member, however, on the issue of incapacity, and found, based upon the medical evidence, that any incapacity from phlebitis either total or partial after October 27, 1959, was not causally related to the injury of December 3, 1958. The judge entered a decree in accordance with the decision of the reviewing board. The employee appeals. There was no error. The board’s decision supersedes that of the single member and must be accepted as final if supported by evidence and not tainted by error of law. Webb’s Case, 318 Mass. 357, 358. The issue of causation was one of fact requiring expert medical opinion testimony. There was testimony of this character to support the board’s conclusion. There was no error of law.

Pasquale J. Ventóla for the employee. James C. Gahan, Jr. (Paul A. Kelley with him) for the insurer.

Decree affirmed.

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The reviewing board adopted the findings and decision of the single member that the employee on December 3, 1958, suffered an injury which arose out of and in the course of his [763]*763employment. The board reversed the decision of the single member, however, on the issue of incapacity, and found, based upon the medical evidence, that any incapacity from phlebitis either total or partial after October 27, 1959, was not causally related to the injury of December 3, 1958. The judge entered a decree in accordance with the decision of the reviewing board. The employee appeals. There was no error. The board’s decision supersedes that of the single member and must be accepted as final if supported by evidence and not tainted by error of law. Webb’s Case, 318 Mass. 357, 358. The issue of causation was one of fact requiring expert medical opinion testimony. There was testimony of this character to support the board’s conclusion. There was no error of law.

Pasquale J. Ventóla for the employee. James C. Gahan, Jr. (Paul A. Kelley with him) for the insurer.

Decree affirmed.

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Bluebook (online)

237 N.E.2d 25, 354 Mass. 762, 1968 Mass. LEXIS 947, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hurleys-case-mass-1968.

Opinion

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