Jakutis's Case

Massachusetts Supreme Judicial Court

Jakutis's Case

130 N.E. 637, 238 Mass. 308, 1921 Mass. LEXIS 976

CourtMassachusetts Supreme Judicial Court

DecidedApril 7, 1921

StatusPublished

Cited by6 cases

This text of 130 N.E. 637 (Jakutis'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

Jakutis's Case, 130 N.E. 637, 238 Mass. 308, 1921 Mass. LEXIS 976 (Mass. 1921).

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Opinion

Jenney, J.

The employee in person has argued fully and with much earnestness that he is aggrieved by the decree of the Superior Court following and establishing the findings of the Industrial Accident Board. The entire record has been examined .with care. The questions claimed to be involved relate to the contentions of the employee (1) that the specific compensation to which he had been entitled because of the traumatic amputation of his thumb and parts of all the other fingers of his right hand has been discontinued wrongfully; (2) that he is entitled to double compensation because his injury was caused by serious and wilful misconduct for which his employers were responsible; and (3) that he is entitled to have his weekly instalments “redeemed by the payment of ... a lump sum.”

The first of these claims is untenable because the statute creating the rights of the employee to specific compensation limits the payments therefor to twenty-five weeks except where the hand is rendered permanently incapable of use. Floccher’s Case, 221 Mass. 54. Lacione’s Case, 227 Mass. 269. The finding of the board that the injury to the employee did not render his hand permanently incapable of use, being supported by evidence, was final. It cannot be reviewed by this court. St. 1911, c. 751, Part III, § 11, as amended by St. 1912, c. 571, § 14, and St. 1917, c. 297, § 7. Herrick’s Case, 217 Mass. 111. Amodio’s Case, 233 Mass. 104. For the reason last given, the second claim cannot prevail. Nor can the third ground be sustained; as the employee is of age, his weekly payments cannot be redeemed by the payment of a lump sum except after they have been continued for not less than six months, and except by agreement of the parties and the determination of the board that it is for the best interests of the employee. St. 1911, c. 751, Part II, § 22, as amended by St. 1914, c. 708, § 8. McCarthy’s Case, 226 Mass. 444. Here there has been no agreement to redeem the payments, and that lack forbids action.

Decree affirmed.

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Jenney, J.

The employee in person has argued fully and with much earnestness that he is aggrieved by the decree of the Superior Court following and establishing the findings of the Industrial Accident Board. The entire record has been examined .with care. The questions claimed to be involved relate to the contentions of the employee (1) that the specific compensation to which he had been entitled because of the traumatic amputation of his thumb and parts of all the other fingers of his right hand has been discontinued wrongfully; (2) that he is entitled to double compensation because his injury was caused by serious and wilful misconduct for which his employers were responsible; and (3) that he is entitled to have his weekly instalments “redeemed by the payment of ... a lump sum.”

The first of these claims is untenable because the statute creating the rights of the employee to specific compensation limits the payments therefor to twenty-five weeks except where the hand is rendered permanently incapable of use. Floccher’s Case, 221 Mass. 54. Lacione’s Case, 227 Mass. 269. The finding of the board that the injury to the employee did not render his hand permanently incapable of use, being supported by evidence, was final. It cannot be reviewed by this court. St. 1911, c. 751, Part III, § 11, as amended by St. 1912, c. 571, § 14, and St. 1917, c. 297, § 7. Herrick’s Case, 217 Mass. 111. Amodio’s Case, 233 Mass. 104. For the reason last given, the second claim cannot prevail. Nor can the third ground be sustained; as the employee is of age, his weekly payments cannot be redeemed by the payment of a lump sum except after they have been continued for not less than six months, and except by agreement of the parties and the determination of the board that it is for the best interests of the employee. St. 1911, c. 751, Part II, § 22, as amended by St. 1914, c. 708, § 8. McCarthy’s Case, 226 Mass. 444. Here there has been no agreement to redeem the payments, and that lack forbids action.

Decree affirmed.

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Bluebook (online)

130 N.E. 637, 238 Mass. 308, 1921 Mass. LEXIS 976, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jakutiss-case-mass-1921.

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