O'Malley's Case

This is an appeal from a final decree dismissing a claim for workmen’s compensation. John R. O’Malley, serving as a juror in the Superior Court for Franklin County on January 11, 1968, was injured by a swinging door while on his way to the jury waiting room.

The issue, one of first impression, is whether O’Malley in his capacity as a juror 1 was an “employee” of Franklin County within G. L. c. 152, § 1 (4), and therefore entitled to receive workmen’s compensation. This question has been decided in five jurisdictions with only one allowing recovery. 2

Our Workmen’s Compensation Act defines an…