290 Mass. 452 | Mass. | 1935
The employee worked for The Cudahy Packing Company about twenty-two years. The reviewing board found that he sustained an injury arising out of and in the course of his employment because his work exposed him to the inhalation of irritating vapors and to marked changes in temperature, and that thereby his tubercular condition was aggravated and its process hastened so that he was totally incapacitated for work much sooner than he otherwise would have been: Compensation was awarded him for total incapacity from March 1, 1933, and continuing subject to the provisions of the workmen’s compensation act. Decree in accordance with this finding and decision was entered in the Superior Court, from which the insurer appealed. No contention is now made that the finding that the employee received an injury arising out of and in the course of his employment, which caused some disablement, was erroneous as matter of law. That must be regarded as established. Minns’s Case, 286 Mass. 459. McPhee’s Case, 222 Mass. 1. Wentworth’s Case, 284 Mass. 479.
The only question argued by the insurer is that there was error in striking from the record the supplemental report of the impartial physician. The single member found
A stipulation signed by the attorneys has been filed that the employee died on August 1, 1934, that the insurer paid the employee $18 weekly in accordance with the decree up to the time of his death, and that “neither party will raise any question with relation to the failure to take out administration in this case, so far as this action before the full court is concerned.” Minns’s Case was decided on May 26, 1934, which was about four weeks after the entry of the decree in the case at bar. It is urged in behalf of the employee that this appeal has been prosecuted by the insurer “without reasonable ground” and that therefore “the whole cost of the proceedings” ought to be assessed upon the insurer. G. L. (Ter. Ed.) c. 152, § 14. In all the circumstances the case at bar, in our opinion^ does not call for the application of that section.
Decree affirmed.