238 Mass. 456 | Mass. | 1921
The undisputed facts in this case show that the employee was a teamster in the employ of the Union Coal and Wood Company. On August 1, 1917, about three o’clock in the afternoon, after having delivered a load of coal, he drove into his
It is plain that the sunstroke which resulted in the death of the employee was suffered while he was doing the work he was employed to perform; therefore the injury was received in the course of his employment.
The question remains whether the injury arose out of the employment within the meaning of the workmen’s compensation act. An injury arises out of the employment when it appears in view of all the circumstances that there is a causal connection between the conditions under which the work is required to be performed and the resulting injury. The first interpretation by this court of the workmen’s compensation act in this connection is found in McNicol’s Case, 215 Mass. 497, at page 499, where it is said that "if the injury can be seen to have followed as a natural incident of the work and to have been contemplated by a reasonable person familiar with the whole situation as a result of the exposure occasioned by the nature of the employment, then it arises ‘ out of ’ the employment. But it excludes an injury which cannot fairly be traced to the employment as a contributing proximate cause and which comes from a hazard to which the workmen would have been equally exposed apart from the employment. The causative danger must be peculiar to the work and not comm op to the neighborhood.” Hewett’s Case, 225 Mass. 1. Donahue’s Case, 226 Mass. 595. Warner v. Couchman, 4 B. W. C. C. 32. See McManaman’s Case, 224 Mass. 554; Mooradjian’s Case, 229 Mass. 521.
In the case at bar a member of the Industrial Accident Board found that upon all the evidence the claimant “ has not satisfied the burden of proving that the heat prostration which caused the death of her decedent was occasioned by or causally related to a personal injury which arose out of and in the course of his employment.” This finding was affirmed and adopted by the board on review which found that “ it has not been shown that the em
Decree affirmed.