Legal Opinion

Nichols's Case

Massachusetts Supreme Judicial Court

Decided February 27, 1914PublishedCited by 9 opinions

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.

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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. The case was heard by Jenney, J. The report showed that the case was submitted to the Industrial Accident Board upon an agreed statement of facts, which included the facts stated in the opinion, the question involved being whether the insurer had the right under the workmen’s compensation act to deduct from the compensation due the widow as the sole dependent of the employee the additional payments made to the employee during the first…

1Opinion of the CourtBraley, J.

The injury causing death is stated to have been blood poisoning necessitating the amputation of the third finger of the right hand at the middle of the metacarpal bone, for which the employee received twelve weeks’ compensation in addition to the amount for disability. The insurer contends that the payments for loss of the finger should have been deducted from the compensation awarded to the widow.

It is plain under §§ 6, 9 and 10 of St. 1911, c. 751, Part II, that, if weekly payments for total or partial disability have been made to an injured employee before his death, compensation to…

2Cases cited1 opinion

  1. Cripps's CaseMassachusetts Supreme Judicial Court · 1914

3Cited by9 opinions

  1. Sea Gull Specialty Co. v. SnyderCourt of Appeals of Maryland · 1926
  2. Akins's CaseMassachusetts Supreme Judicial Court · 1939
  3. State ex rel. City of Duluth v. District CourtSupreme Court of Minnesota · 1916
  4. Jackson v. Berlin Construction Co.Supreme Court of Connecticut · 1918
  5. Stocin v. C. R. Wilson Body Co.Michigan Supreme Court · 1919

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