Legal Opinion

Sciola's Case

Massachusetts Supreme Judicial Court

Decided October 28, 1920PublishedCited by 41 opinions

Certification, filed in the Superior Court in proceedings under the workmen’s compensation act, of a decision of the Industrial Accident Board that the evidence did not warrant a finding under St. 1911, c. 751, Part II, § 3, that the injury received by the claimant was due to serious and wilful misconduct on the part of the employer or of any one exercising superintendency.

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Certification, filed in the Superior Court in proceedings under the workmen’s compensation act, of a decision of the Industrial Accident Board that the evidence did not warrant a finding under St. 1911, c. 751, Part II, § 3, that the injury received by the claimant was due to serious and wilful misconduct on the part of the employer or of any one exercising superintendency. It appeared that the claimant’s finger was cut off while he was working on a carding machine which, in violation of the safety rules and regulations and machinery standards of the State board of labor and industries,…

1Opinion of the CourtJenney, J.

Frederick Sciola, while in the employ of the W. E. Tillotson Manufacturing Company, on May 24, 1918, received an injury in the course of his employment. It is agreed that he was entitled to compensation under the provisions of the workmen’s compensation act. On October 31, 1918, a member of the Industrial Accident Board after due hearing so found. There was no finding that the injury was caused by the serious and wilful misconduct of the employer. A claim of review having been filed, the Industrial Accident Board on November 23, 1918, affirmed and adopted the decision of the single member.…

2Cases cited35 opinions

  1. Caha v. United StatesSupreme Court of the United States · 1894
  2. Young v. DuncanMassachusetts Supreme Judicial Court · 1914
  3. Swan v. Justices of Superior CourtMassachusetts Supreme Judicial Court · 1916
  4. Pigeon's CaseMassachusetts Supreme Judicial Court · 1913
  5. Burns's CaseMassachusetts Supreme Judicial Court · 1914

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

3Cited by41 opinions

  1. Commonwealth v. Town of HudsonMassachusetts Supreme Judicial Court · 1943
  2. Chisholm's CaseMassachusetts Supreme Judicial Court · 1921
  3. Di Clavio's CaseMassachusetts Supreme Judicial Court · 1936
  4. West's CaseMassachusetts Supreme Judicial Court · 1943
  5. Chapman's CaseMassachusetts Supreme Judicial Court · 1947

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

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