Fabrizio's Case

In this proceeding under the workmen’s compensation act the insurer agrees that the employee received a personal injury arising out of and in the course of his employment. It contends that the award to the employee should not have been made against it as it did not become the insurer until October 17, 1929, and while the employee stopped work on October 30, 1929, his injury was of a continuing nature and had been contracted before the policy became effective. From October 17, 1928, to noon of October 17, 1929, the Great American Indemnity Company was the insurer.

The plaintiff was a stone…