Legal Opinion
Benson's Case
Massachusetts Appeals Court
Decided September 17, 1999No. 98-P-1433PublishedCited by 4 opinions
1Opinion of the CourtSmith, J.
On December 19, 1978, the employee, Ernest Benson, sustained an injury to his neck while acting within the course of his employment as a truck driver for Merrimack Valley Distribution. As a result of that injury, the employee underwent surgery for a herniated cervical disc in November, 1979. After the operation, he developed chest pains and was diagnosed as having suffered a heart attack. The insurer, American Mutual Liability; contested liability for any disability resulting from the heart attack.
On June 18, 1985, after a hearing, an administrative judge ruled that the heart attack was…
2Cases cited4 opinions
- King v. Viscoloid Co.Massachusetts Supreme Judicial Court · 1914
- Johnson's CaseMassachusetts Supreme Judicial Court · 1945
- O'Brien's CaseMassachusetts Supreme Judicial Court · 1996
- Pinecrest Village, Inc. v. MacMillanMassachusetts Supreme Judicial Court · 1997
3Cited by4 opinions
- DeVito Auto Restoration v. CardMassachusetts District Court, Appellate Division · 2000
- National Lumber Co. v. EpsteinMassachusetts District Court, Appellate Division · 2000
- Massachusetts Insurers Insolvency Fund v. Advanced Family ChiropracticMassachusetts Superior Court · 2002
- State Tax Auditing & Research, Inc. v. Waters Corp.Massachusetts Superior Court · 2000