Legal Opinion

McCarthy's Case

Massachusetts Supreme Judicial Court

Decided April 6, 1917PublishedCited by 15 opinions

Appeal to the Superior Court under St. 1911, c. 751, Part III, §§ 11,16, as amended by St. 1912, c. 571, §§ 14,15, from a decision of the Industrial Accident Board that the previous approval by the board of an agreement to redeem liability by the payment of a lump sum under St. 1911, c. 751, Part II, § 22, as amended by St. 1914, c. 708, § 8, and the payment made under-it terminated the rights of the employee, Patrick McCarthy, to compensation, and that the board had no…

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Appeal to the Superior Court under St. 1911, c. 751, Part III, §§ 11,16, as amended by St. 1912, c. 571, §§ 14,15, from a decision of the Industrial Accident Board that the previous approval by the board of an agreement to redeem liability by the payment of a lump sum under St. 1911, c. 751, Part II, § 22, as amended by St. 1914, c. 708, § 8, and the payment made under-it terminated the rights of the employee, Patrick McCarthy, to compensation, and that the board had no authority, under the statute, to grant his application for a hearing before an arbitration committee upon alleged further…

1Opinion of the CourtCarroll, J.

The employee was injured December 22, 1913. On April 1,1915, the Industrial Accident Board affirmed an agreement of March 26, 1915, by which liability under the workmen’s compensation act was redeemed by the payment of $500. A motion was made to set aside the settlement on the ground that McCarthy was insane at the time of its execution. In July, 1916, after a hearing, the board found “that the applicant has not sustained the burden of proving that the mental or other condition of the employee was impaired.” No appeal was taken from this decision. The decision before us is under St. 1911, c.…

2Cases cited1 opinion

  1. Cripps's CaseMassachusetts Supreme Judicial Court · 1914

3Cited by15 opinions

  1. LaFleur v. C.C. Pierce Co.Massachusetts Supreme Judicial Court · 1986
  2. Lumbermen's Reciprocal Ass'n v. DayTexas Commission of Appeals · 1929
  3. Paltsios's CaseMassachusetts Supreme Judicial Court · 1952
  4. Gannon v. Contributory Retirement Appeal BoardMassachusetts Supreme Judicial Court · 1959
  5. Akins's CaseMassachusetts Supreme Judicial Court · 1939

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