313 Mass. 440 | Mass. | 1943
The employee, while working as an automobile mechanic for the Medford Buick Company on July 17, 1941, and while hammering to take a wheel off an automobile, was hit in the leg by a piece of steel, split off from a sort of chisel, which cut the leg and caused bleeding. On the same day a physician operated on the leg in an effort to remove the piece of steel. After a few days the employee went back to work for the same company and worked there until the last part of August, when he began to work for the Dorchester Buick Company. His leg still
The single member found that there was a definite causal relation between the injury of July 17, 1941, and the disability, and that the employee was entitled to compensation from the insurer of the Medford Buick Company. The reviewing board affirmed and adopted the findings and decision of the single member. The Superior Court entered a decree in favor of the employee, and the insurer appealed to this court.
It is “the duty of the Industrial Accident Board to make such specific and definite findings upon the evidence reported as would enable this court to determine whether the general finding should stand.” Mathewson’s Case, 227 Mass. 470, 473. Di Clavio’s Case, 293 Mass. 259, 261, 262. Rozek’s Case, 294 Mass. 205, 207. Cahill’s Case, 295 Mass. 538, 539. Belezarian’s Case, 307 Mass. 557, 560. Zucchi’s Case, 310 Mass. 130, 132, 133. The insurer contends that the reviewing board failed in its duty in this respect. As the reviewing board merely affirmed and adopted the findings of the single member, we must look at those to determine their sufficiency. We think it sufficiently appears that the herniation of the muscle of the leg, for which an operation was performed on December 17, 1941, was the result of the penetration of a piece of steel on July 17, 1941, without any intervening cause, and that the consequent disability is the result of the same injury. We find no evidence of any injury except that of July 17, 1941.
The insurer points out that the period of disability for which compensation was awarded, with the exception of a few days following the injury of July 17, 1941, was occasioned by the operation of December 17, 1941. The insurer contends that compensation cannot be awarded with
Decree affirmed.