Henry v. Mondillo

Stearns, J.. This is a petition, under the Workmen’s Compensation Act, by a physician to recover for the medical treatment of one Christopher Flynn, alleged to have been an employee of the respondent. January 26, 1927, Flynn was at work in a sewer catch basin. While he was being drawn up by a rope to the surface of the street by one of respondent’s workmen, in attempting to catch hold of a scaffold at the top, his hand slipped from the scaffold, he fell back and was injured. Respondent claims that Flynn was an independent contractor and not an employee. The cause was heard by a justice of the…