Borin's Case
Massachusetts Supreme Judicial Court
Appeal to 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 awarding compensation to John Borin for an injury sustained by him on June 27, 1916, when employed in the dye room of the William Ryle Company at Newton Upper Falls. The case was heard by Lawton, J. The material portion of the evidence is described in the opinion.
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Appeal to 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 awarding compensation to John Borin for an injury sustained by him on June 27, 1916, when employed in the dye room of the William Ryle Company at Newton Upper Falls. The case was heard by Lawton, J. The material portion of the evidence is described in the opinion. The following statement of the testimony of the employee is taken from the report of the arbitration committee: “John Borin, the employee, testified, through an interpreter, that…
1Opinion of the CourtBraley, J.
It is settled that personal injuries suffered in the performance of acts within the scope of his employment which have not been forbidden by the employer and are found to have been necessary to the physical welfare of the employee while in the discharge of his duties, are deemed to have arisen not only in the course of, but out of his employment. Von Ette’s Case, 223 Mass. 56, 60, 61, and cases there cited.
The insurer also concedes that “the securing of fresh air . . . was incidental to his work,” and the finding of the Industrial Accident Board that by reason of excessive heat in the room…
2Cases cited1 opinion
- Von Ette's CaseMassachusetts Supreme Judicial Court · 1916
3Cited by28 opinions
- Fournier's CaseSupreme Judicial Court of Maine · 1921
- West's CaseMassachusetts Supreme Judicial Court · 1943
- Sawyer's CaseMassachusetts Supreme Judicial Court · 1943
- Gacesa v. Consumers Power Co.Michigan Supreme Court · 1922
- Donovan v. JohnsonMassachusetts Supreme Judicial Court · 1938
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