Bartoni'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, from a decision of the Industrial Accident Board. The case was heard by McLaughlin, J. The material facts as shown by the evidence taken before the arbitration committee and reported by the Industrial Accident Board and by the findings of that board are stated and 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, from a decision of the Industrial Accident Board. The case was heard by McLaughlin, J. The material facts as shown by the evidence taken before the arbitration committee and reported by the Industrial Accident Board and by the findings of that board are stated and described in the opinion. The decision of the Industrial Accident Board was as follows : “The Industrial Accident Board finds and decides, upon all the evidence, that the employee, John Bartoni, received a personal injury arising out…
1Opinion of the CourtBugg, C. J.
One question presented on this record is the meaning of “average weekly wages” in the workmen’s compensation act. The pertinent facts in that connection are that the deceased, who received a mortal injury arising out of and in the course of his employment, was a laborer at the granite works of the subscriber. During the year preceding his injury he had not worked for a period of 12.97 weeks, because the weather did not permit. He worked exclusively for the subscriber and when he did not work it was because of the weather and for no other reason. Since he was a laborer in granite works, the…
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