Legal Opinion

Gaglione's Case

Massachusetts Supreme Judicial Court

Decided March 4, 1922PublishedCited by 14 opinions

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 by reason of a hernia which had resulted from an injury received by him on November 7, 1919, while in the employ of the Beacon Oil Company and which, after an operation, had recurred on February 15, 1920, during a short period of employment at shovelling snow for the city of Everett.

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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 by reason of a hernia which had resulted from an injury received by him on November 7, 1919, while in the employ of the Beacon Oil Company and which, after an operation, had recurred on February 15, 1920, during a short period of employment at shovelling snow for the city of Everett. In the Superior Court, the case was heard by Sisk, J. Material evidence and facts found by a single member of the Industrial Accident…

1Opinion of the CourtCarroll, J.

The employee was injured on November 7, 1919, *43while in the employment of the Beacon Oil Company. He was paid compensation and later went to work for the city of Everett; after working for the city for a few days there was a recurrence of the hernia which had resulted from the injury received at fhe Beacon Oil Company. The insurer asked for the ruling that “The work undertaken by the employee for the city of Everett, which work resulted in producing a recurrence of the hernia after operation, was an intervening efficient cause while working for a new employer and the disability resulting does…

2Cases cited3 opinions

  1. Hartnett v. TrippMassachusetts Supreme Judicial Court · 1918
  2. Wilder v. General Motorcycle Sales Co.Massachusetts Supreme Judicial Court · 1919
  3. Clayton v. Holyoke Street Railway Co.Massachusetts Supreme Judicial Court · 1920

3Cited by14 opinions

  1. Wallace v. LudwigMassachusetts Supreme Judicial Court · 1935
  2. Evans's CaseMassachusetts Supreme Judicial Court · 1938
  3. Crowley's CaseMassachusetts Supreme Judicial Court · 1934
  4. Panagotopulos's CaseMassachusetts Supreme Judicial Court · 1931
  5. Gustafson's CaseMassachusetts Supreme Judicial Court · 1939

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