Legal Opinion

Capone's Case

Massachusetts Supreme Judicial Court

Decided July 2, 1921PublishedCited by 24 opinions

Certification, filed in the Superior Court in proceedings under the workmen’s compensation act, of a decision of the Industrial Accident Board, finding and ruling that Dominick Capone, a portion of whose finger was traumatically amputated as the result of an injury received while operating a milling machine, was entitled for partial disability to $8.64 a week to continue under the provisions of the statute. . In the Superior Court, by order of Sisk, J., a decree was entered…

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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, finding and ruling that Dominick Capone, a portion of whose finger was traumatically amputated as the result of an injury received while operating a milling machine, was entitled for partial disability to $8.64 a week to continue under the provisions of the statute. . In the Superior Court, by order of Sisk, J., a decree was entered in accordance with the decision of the Industrial Accident Board. Material facts found by the board are described in the…

1Opinion of the CourtCarroll, J.

The employee was injured while working on a milling machine on April 29, 1920. As a result of his injury the first phalange of the ring finger on the left hand was amputated. His average weekly wages were $24.96. He was paid compensation to December 2,1920.. On a rehearing of the case it was found that the injured finger was sensitive, the stump thinly covered with skin, and that there may be a filament of “nerve caught in the end or near the surface where it strikes when the hand is working;” that the employee obtained employment in a grocery store but was unable to do the work because of…

2Cases cited4 opinions

  1. Sullivan's CaseMassachusetts Supreme Judicial Court · 1914
  2. Duprey's CaseMassachusetts Supreme Judicial Court · 1914
  3. Durney's CaseMassachusetts Supreme Judicial Court · 1916
  4. Barry's CaseMassachusetts Supreme Judicial Court · 1920

3Cited by24 opinions

  1. Johnson's CaseMassachusetts Supreme Judicial Court · 1922
  2. Whyte v. Industrial CommissionArizona Supreme Court · 1951
  3. Pierce's CaseMassachusetts Supreme Judicial Court · 1950
  4. Percival's CaseMassachusetts Supreme Judicial Court · 1929
  5. Bajdek's CaseMassachusetts Supreme Judicial Court · 1947

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