Author: Massachusetts Industrial Accident Board

Publisher: Forgotten Books

Published: 2017-10-12

Total Pages: 614

ISBN-13: 9780266120575

Excerpt from Reports of Cases Under the Workmen's Compensation Act: Determined by Committees of Arbitration, the Industrial Accident Board and the Supreme Judicial Court, July 1, 1912, to June 30, 1913, Inclusive Striking References to Act by Supreme Court. The court makes many striking references to the Workmen's Compensa tion Act in the course of the several decisions rendered. For the accomplishment of the purposes of the statute, a simple method is furnished operating without delay or unnecessary formality. In one aspect a case under the act resembles an action at law, for it seeks ultimately the payment of money. Payments, however, in most instances are by instalments. In another aspect, it is akin to the specific performance of a con tract, designed to cover the whole range of misfortunes likely to arise in the course of employment in a. State with many and diversified industries. (gould case below.) In another deci sion, in the Gillen case, the court refers to the broad scope of the act and its comprehensive dealing with the whole subject, and states that where words are used in one part of a statute in a definite sense it may be presumed, in the absence of a. Plain intent to the contrary, that they are used in the same sense in other places in the same act. In the mcnicol case below the court says injuries are excluded which cannot fairly be traced to the employment as a contributing proximate cause, and, that the provisions of the English act as to the dependents entitled to payments are wholly different from those of our own act. The court states that the act should be interpreted broadly in harmony with its main aim of pro viding support for those dependent upon a deceased employee in the course of its decision in the Coakley case, below. In the Pigeon case below the court declares that the Workmen's Compensation Act in its practical operation affects large num bers of people, and that its declared purpose is the humane one of preventing industrial accidents and providing payments for employees injured in the course of employment. The word court may be given a signification liberal enough to ih elude the committee of arbitration and Industrial Accident Board as instituted by the act, and under all the circumstances should be given such construction. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.