Proulx v. French Worsted Co.

I concur in the result, but for a different reason. I attach no significance to the unappealed from decree of March 3, 1961 upon which the court appears to place principal reliance, excepting only as that decree may constitute a final determination of the respondent’s liability for medical services of a sum not in excess of $600.

The question as I view it is whether an employer who has denied liability for compensation waives the right to assert noncompliance with the major surgery permission and notice requirements, respectively, of G. L. 1956, §§28-33-5 and 28-33-8, as defenses to its…