339 Mass. 639 | Mass. | 1959
The claimant in this workmen’s compensation case has appealed from the decree in the Superior
■ ■ The findings of the single member are, in substance, as follows: On September 4, 1958, the employee filed a claim that on March 11, 1958, he suffered aggravation of an injury to his back which occurred January 16, 1956, while at work of the assured. The case was heard on the issues of an injury arising out of and in the course of employment on March 11, 1958, and if so whether there was resulting incapacity for work. The 1956 injury was admitted. “I find that as result of the January 16,1956, incident this employee was obliged to remain away from work for about four days and saw a physician on four occasions; that he thereafter resumed his regular duties with assured with no further loss of time because of any back complaint. There is some conflict, in the testimony, with particular reference to histories given physicians, as to whether claimant was symptom-free from the time of his resumption of duties in 1956 to March 11, 1958. It is very clear and undisputed that claimant suffered severe back pain on March 11, 1958, at nine in the morning, while sitting in the lunch room having a cup of coffee during the regular coffee break period. After careful consideration of all the evidence, with particular reference to medical opinion, I find that this employee has failed to prove by a fair preponderance of credible evidence that he suffered personal injury arising out of and in the course of his employment, either by way of causation or aggravation, on March 11, 1958, or that he has been disabled for work since March 11, 1958, by reason of any incident of his employment with assured.”
The claimant stresses the evidence from which it could have been concluded that the 1956 injury occurred in part because of the awkward position in which the. claimant was
Two physicians called by the claimant testified that there was a probable relationship between the 1956 injury and the 1958 incident. A third physician, called by the insurer,
• who examined the claimant in May, 1958, testified that he concluded “that the sprain occurred while he was sitting drinking coffee (apparently just twisted his trunk in the wrong manner and suffered a ‘kink’). I further concluded that this episode is not related to the incident that happened in . . . 1956 because I feel that he had satisfactorily recovered.”
The likelihood that the severe and disabling back injury manifested in the coffee break on March 11, 1958, was causally related to the claimant’s work on the job earlier that day, even if not related to the 1956 injury, would not require the ruling that as a matter of law such connection was proved. The fact that the physicians were not examined on this relationship does not show an error of law.
It is not significant that the findings may be ambiguous on the issue of injury “in the course of . . . employment.” G. L. c. 152, § 26. We assume in view of our decisions as to lunch periods on work premises (see Charon’s Case, 321 Mass. 694, 698, and cases cited) that if the case turned on this ambiguity recommittal would be required. See Moore’s Case,
Decree affirmed.