Koza's Case
Massachusetts Supreme Judicial Court
Certification to the Superior Court under the provisions of the workmen’s compensation act of a decision of the Industrial Accident Board awarding compensation to the claimant.
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Certification to the Superior Court under the provisions of the workmen’s compensation act of a decision of the Industrial Accident Board awarding compensation to the claimant. A single member of the board found, with a report of the. evidence, as follows: “It is found upon the above evidence, and a view of the premises taken at the request of counsel on both sides, that the injury received by the employee on November 4, 1919, did not arise out of and in the course of his employment, and the insurer is therefore not liable for compensation. “The claimant’s work was that of a jigger, operating…
1Opinion of the CourtCarroll, J.
The employee operated two dyeing machines known as "jigs.” In the dyeing room where he was employed there was a large amount of steam, and at times water would drip from the ventilator pipe. He complained to his foreman that the ventilators were not working properly and the foreman promised to have them repaired. The employee testified that on the morning of November 4,1919, because of a defect in the ventilator “steam was coming down on him and condensing into water,” and “water was dripping from above.” Without the knowledge of the employer, he went from the dyeing room to the roof of the…
2Cases cited2 opinions
- Borin's CaseMassachusetts Supreme Judicial Court · 1917
- Rochford's CaseMassachusetts Supreme Judicial Court · 1919
3Cited by15 opinions
- West's CaseMassachusetts Supreme Judicial Court · 1943
- Donovan v. JohnsonMassachusetts Supreme Judicial Court · 1938
- Demetre's CaseMassachusetts Supreme Judicial Court · 1947
- Eifler's CaseMassachusetts Supreme Judicial Court · 1931
- Hurley's CaseMassachusetts Supreme Judicial Court · 1922
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