320 Mass. 432 | Mass. | 1946
The question in these cases is whether there was any evidence to warrant the finding of the board that the two employees were entitled to double compensation on the ground, that they were injured “by reason of the serious and wilful misconduct” of one Sibley, who could be found to have been “regularly intrusted with and exercising the
Both employees worked for Deerfield Glassine Company in Monroe. On June 27, 1944, both were members of a “repair gang” in charge of Sibley. The work involved the lifting of a “dryer roll/’ which weighed about four tons, from a paper making machine by means of chains attached at the ends of the roll. After the roll had been lifted and held suspended for about half an hour one of the chains gave way and permitted the roll to fall back upon the machine, causing injuries to the two employees. Two types of chains were available for this work, described respectively as “tested” chains and “ordinary” chains. The chain that broke was an “ordinary” chain, the welding of which gave way at the “grab link” or “ring.” The tested chains were machine welded where welding was necessary, and the ordinary chains were hand welded. There was evidence that the machine welding was much stronger than the hand welding, and that the tested chains were to be used for heavy lifting.
There was also evidence from one of the present employee claimants that he told Sibley that one of the chains had a defective “ring” — the “ring” that broke; that the witness suggested using “cable slings,” but Sibley replied that they were not long enough and that the chains were good enough; that the witness asked Sibley about using the tested chains, and Sibley replied, “Never mind. You follow me with them chains”; that the witness told Sibley that if the master mechanic saw him using them he (Sibley) would “get it”; and that the witness refused to put one of these chains on the roll but threw it on the floor instead. This highly self-serving evidence was contradicted, and the board dealt with it in a manner suggesting doubt as to its truth, but we assume that it is still in the cases.
The “serious and wilful misconduct” which lays the foundation for double compensation under § 28 of the act “is much more than mere negligence, or even than gross or
We think that the evidence fell short of enough to warrant
In each case the rescript will be • r
^ „ , Decree affirmed.