281 Mass. 434 | Mass. | 1933
This is an appeal by the insurer from a decree entered in the Superior Court, in proceedings under the workmen’s compensation act, by which the claimant was awarded compensation for total incapacity for work resulting from a personal injury arising out of and in the course of his employment as a motorman by Eastern Massachusetts Street Railway Company. All the material evidence is reported.
The claimant testified that on December 9, 1931, when he had reached the end of his route and was turning over the seats in the car, his right hand became caught on the brass handle of one of the seats; that “He got hold of the handle, his fingers going in under the brass part. He took and pulled the seat toward him, having his fingers grasped over the top of the handle” and wrenched the ring and little fingers of his right hand. Although it is recited in the statement, which he signed by his mark in the presence of a representative of the insurer, that he did not cut or bruise his hand, he testified that he did not remember making that statement; that when talking with the representative of the insurer it was his fingers he referred to and nothing was said to attract his attention to the palm of his hand, and he did not remember anything being said about bruising his hand. In answer to counsel for the insurer he testified that at the time of the accident he did not have any cut or bruise. A physician called by the claimant testified that he saw the employee the day after the accident; that he had a bruise on the palm of his right hand about the size of a half dollar, which was “somewhat discolored and hard and somewhat tender”; that he started treating the claimant with hot applications — saw him every day thereafter — and on December 20 he opened the hand and removed some pus; that before that time, he had another physician look at the hand who agreed with the witness that the condition was cellulitis or muscle infection.
Upon all the evidence the single member found that the employee while turning over the seats of the car caught his right hand in the brass handle on top of one of the seats and sustained a severe injury which involved the ring and little fingers and the palm; that the claimant never had any previous trouble with this hand; that the day after the accident a bruise showed on the palm as large as a half dollar, it was discolored and tender, and as a result thereof a minor break not visible to the naked eye occurred permitting an infection to enter which resulted in a condition of cellulitis; that this infection became apparent within a few hours; and that as a result of the accident the employee was totally incapacitated, and has been so incapacitated for work since December 9, 1931, to the date of the hearing. The reviewing board affirmed and adopted the decision of the single member, and also assessed costs of $35 to be paid by the insurer. A final decree was entered in the Superior Court in conformity with the decision of the Industrial Accident Board, from which the insurer appealed.
Decree affirmed.