Leist's Case

On June 5, 1961, Clare M. Leist (the employee) fell and sustained an injury which admittedly arose out of and in the course of her employment. She reported the injury on the same day to her employer, the Aerosol Corporation of America, which in turn reported the injury to its insurer. The employee made no claim for compensation within six months of the injury under the Workmen’s Compensation Act, Gr. L. c. 152, § 41, 1 as it then provided. Bather, on December 4,1961, under the option provided by Gr. L. e. 152, § 15, she commenced an action at law against the owner of the building where she…