270 Mass. 29 | Mass. | 1930
The employee was severely injured while in the course of his employment. It was decided that his case was an unusual one entitling him to medical and hospital services for a period longer than two weeks, under G. L. c. 152, § 30. Meuse’s Case, 262 Mass. 95. It is admitted that the maximum compensation of $4,000 under G. L. c. 152, § 34, has been paid by the insurer, as well as the specific compensation provided for, and in the brief of the insurer it is stated that in addition there has been paid the sum of $9,033.52 for medical, hospital and nursing services. The question for decision is this, Has the Industrial Accident Board authority under the workmen’s compensation act to require the insurer to furnish medical and hospital services for an injured employee, in an unusual case, when the statutory period for the payment of compensation has ended and the full amount of compensation has been paid?
Three members of the Industrial Accident Board ordered the insurer to continue to furnish medical and hospital services for the employee after the compensation period had passed. In the Superior Court a decree was entered requiring the insurer to continue payments for hospital and medical services.
Before the amendment (St. 1914, c. 708, § 1) medical and hospital services to be furnished by the insurer in all cases arising under the workmen’s compensation act were limited to two weeks, and were further limited to the first two weeks after the injury. The amendment entitled the injured employee to two weeks’ hospital and medical services from the' time of his incapacity if he were not immediately incapacitated by his injury. It also made a further change by enacting that medical and hospital services should be furnished by the insurer “in unusual cases, in the discretion of the board, for a longer period.”
In our opinion the words “for a longer period” gave no right to the Industrial Accident Board to require the insurer to pay for these services after the statutory compensation period has passed and the insurer has paid in full the compensation to which the employee was entitled. The
We appreciate that this is a hard case; the injury is serious and no amount of money, nor the payments allowed by the statute, will compensate the employee; but that affords no justification for reading into the statute a meaning which it does not contain. The hardship of the employee does not confer jurisdiction on the board, and if the Legislature had intended to extend the time of payment in an unusual case beyond the compensation period it could
As it is our opinion that the board had no authority to order payment to be made after the compensation period had passed and the maximum had been paid for general and special incapacity, we have not considered the other questions raised by the insurer.
The decree is to be reversed and a decree entered for the insurer.
So ordered.