Nickerson's Case
Massachusetts Supreme Judicial Court
Appeal from a decree of the Superior Court under St. 1911, c. 751, Part III, § 11, as amended by St. 1912, c. 571, § 14, from a decision of the Industrial Accident Board. The case was heard by Wait, J. The material facts relating to the question raised by the appeal and the finding of the Industrial Accident Board thereon are stated in the opinion.
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Appeal from a decree of the Superior Court under St. 1911, c. 751, Part III, § 11, as amended by St. 1912, c. 571, § 14, from a decision of the Industrial Accident Board. The case was heard by Wait, J. The material facts relating to the question raised by the appeal and the finding of the Industrial Accident Board thereon are stated in the opinion. The judge made a decree awarding to Nora Nickerson as the dependent widow of Lester Nickerson, the deceased employee, a weekly compensation of $6.50 for a period of three hundred weeks from August 1, 1912. The insurer appealed, contending that the…
1Opinion of the CourtSheldon, J.
The insurer contends that this injury happened by reason of the employee’s “serious and wilful misconduct,” and so that no compensation can be awarded therefor. St. 1911, c. 751, Part II, § 2. He was employed to do general cleaning, painting and whitewashing. Some of his work had to be done near machinery and shafting, which when in motion would involve danger; and he had been directed to do this work during the noon hours, when the machinery was stopped. At about half past eleven o’clock on the forenoon of the day on which he was injured, the superintendent, in answer to a question from him…
2Cases cited3 opinions
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3Cited by29 opinions
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- Fournier's CaseSupreme Judicial Court of Maine · 1921
- Wick v. GunnSupreme Court of Oklahoma · 1917
- Belyus v. Wilkinson, Gaddis & Co.Supreme Court of New Jersey · 1935
- Big Elkhorn Coal Co. v. BurkeCourt of Appeals of Kentucky · 1924
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