322 Mass. 61 | Mass. | 1947
This is an appeal by the city of Worcester from a decree of the Superior Court ordering payment to the State Treasurer of the sum of $500 in accordance with G. L. (Ter. Ed.) e. 152, § 65, as most recently amended by St. 1943, c. 367, which in part reads, “For every case of personal injury resulting in death covered by this chapter, except silicosis or other occupational pulmonary dust disease, when there are no dependents, the insurer shall pay
The reviewing board aflirmed and adopted the findings of the single member. John Fallon received an injury arising out of and in the course of his employment as a laborer in the service of the city of Worcester by being struck by an automobile owned by one Wagner. The injury resulted in death, and he left no dependents.. The administrator of his estate was paid a sum in full settlement of all claims against Wagner by an insurance company under an automobile liability policy. The city, having accepted the provisions of St. 1913, c. 807, was required to pay the compensation provided by the workmen’s compensation act. G. L. (Ter. Ed.) c. 152, § 69, as amended. This includes payments into the special fund provided in § 65, as amended. Hurley’s Case, 302 Mass. 46. Greena-way’s Case, 319 Mass. 121.
The city contends that it should not be required to make payment in the present case, because the words “covered by this chapter” in G. L. (Ter. Ed.) c. 152, § 65, as amended, make applicable the provisions of c. 152, § 15, as appearing in St. 1943, c. 432, the purpose of which is “to compel the employee to elect whether he will proceed against the person who caused his injury or accept compensation, and if he accepts compensation to preserve for the benefit of the insurer the cause of action against such person.” Reidy v. Old Colony Gas Co. 315 Mass. 631, 632. Accordingly, it is urged that the settlement of the tort claim was an election which precludes payment into the State fund under § 65, as amended. See Tocci’s Case, 269 Mass. 221, 224; Miller v. Richards, 305 Mass. 424.
This argument wholly overlooks the purpose of § 65, which is to provide a fund to help pay the compensation for a second serious injury of certain specified types to the same employee. G. L. (Ter. Ed.) c. 152, § 37, as amended
The words “covered by this chapter” in G. L. (Ter. Ed.) c. 152, § 65, as amended, embrace all deaths of employees by reason of injuries arising out of. and in the course of the employment except those occasioned by “silicosis or other occupational pulmonary dust disease.”
Decree affirmed.
The amount of payment was increased to $250 by St. 1935, c. 395, to $500 by St. 1936, c. 162, and to $1,000 bv St. 1937, c. 394, and was reduced to $500 by St. 1943, c. 367.