MacDonald's Case

Massachusetts Supreme Judicial Court

MacDonald's Case

173 N.E.2d 925, 342 Mass. 777, 1961 Mass. LEXIS 861

CourtMassachusetts Supreme Judicial Court

DecidedApril 3, 1961

StatusPublished

This text of 173 N.E.2d 925 (MacDonald'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

MacDonald's Case, 173 N.E.2d 925, 342 Mass. 777, 1961 Mass. LEXIS 861 (Mass. 1961).

Pincite

Opinion

Decree affirmed. The self insurer appeals from a decree awarding compensation for disability which the single member and the reviewing board found was due to the acceleration of a preexisting heart disease produced by the physical exertion of the employee while performing duties arising out of and in the course of his employment as a freight car loader. It is settled thait the acceleration of a preexisting heart disease to the point of disablement may be found to have been a personal injury under the workmen’s compensation act. Griffin’s Case, 315 Mass. 71, 74. Whether the employee’s disability was caused by a gradual deterioration of his heart or was accelerated by exertion or strain was a question of fact for the board to decide. Brzozowski’s Case, 328 Mass. 113, 116. There was evidence, which need not be recounted, to support the finding of the board. A finding supported by evidence will be upheld unless vitiated by error of law, Brown’s Case, 334 Mass. 343, 346, and no such error appears. Costs under G. L. c. 152, § 11A, shall be allowed by the single justice.

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Decree affirmed. The self insurer appeals from a decree awarding compensation for disability which the single member and the reviewing board found was due to the acceleration of a preexisting heart disease produced by the physical exertion of the employee while performing duties arising out of and in the course of his employment as a freight car loader. It is settled thait the acceleration of a preexisting heart disease to the point of disablement may be found to have been a personal injury under the workmen’s compensation act. Griffin’s Case, 315 Mass. 71, 74. Whether the employee’s disability was caused by a gradual deterioration of his heart or was accelerated by exertion or strain was a question of fact for the board to decide. Brzozowski’s Case, 328 Mass. 113, 116. There was evidence, which need not be recounted, to support the finding of the board. A finding supported by evidence will be upheld unless vitiated by error of law, Brown’s Case, 334 Mass. 343, 346, and no such error appears. Costs under G. L. c. 152, § 11A, shall be allowed by the single justice.

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Bluebook (online)

173 N.E.2d 925, 342 Mass. 777, 1961 Mass. LEXIS 861, Counsel Stack Legal Research, https://law.counselstack.com/opinion/macdonalds-case-mass-1961.

Opinion

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