Legal Opinion

Maggelet's Case

Massachusetts Supreme Judicial Court

Decided July 24, 1917PublishedCited by 47 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 awarding compensation to Frank Maggelet, who was employed as a cigar-maker in the cigar factory of Breslin and Campbell, incorporated, in Boston.

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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 Frank Maggelet, who was employed as a cigar-maker in the cigar factory of Breslin and Campbell, incorporated, in Boston. The case was heard by Fox, J., who on November 11, 1916, made a decree awarding the employee the sum of $321.43. On November 14,1916, the insurer filed a motion to vacate the decree on the ground that before the decree was made the insurer had filed with the Industrial Accident Board a petition…

1Opinion of the CourtRugg, C. J.

This case comes before us on a finding and decision of the Industrial Accident Board with a report of all the material evidence. The finding is that “the employee was totally incapacitated for work by reason of a condition of occupational neurosis which arose out of and in the course of his employment.”

It is undisputed that the employee was a cigar-maker by trade and had worked for the subscriber twenty-five years; and in March, 1916, he stopped work and on consulting a physician was told that he was troubled with “occupational neurosis;” and that during the preceding six months his arm had…

2Cases cited17 opinions

  1. Madden's CaseMassachusetts Supreme Judicial Court · 1916
  2. Adams v. Acme White Lead & Color WorksMichigan Supreme Court · 1914
  3. Archibald v. Workmen's Compensation CommissionerWest Virginia Supreme Court · 1916
  4. Hurle's CaseMassachusetts Supreme Judicial Court · 1914
  5. Vennen v. New Dells Lumber Co.Wisconsin Supreme Court · 1915

12 more not listed; retrieve them via the Exa API.

3Cited by47 opinions

  1. Victory Sparkler & Specialty Co. v. FrancksCourt of Appeals of Maryland · 1925
  2. Leland v. Order of United Commercial Travelers of AmericaMassachusetts Supreme Judicial Court · 1919
  3. Zerofski's CaseMassachusetts Supreme Judicial Court · 1982
  4. Fitzgibbons's CaseMassachusetts Supreme Judicial Court · 1978
  5. Albanese's CaseMassachusetts Supreme Judicial Court · 1979

42 more not listed; retrieve them via the Exa API.

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