In re Di Leo

CourtUnited States State Supreme Judicial Court of Massachusetts
Writing for the CourtRUGG
Citation4 N.E.2d 299,295 Mass. 568
PartiesDI LEO'S CASE.
Decision Date30 October 1936

295 Mass. 568
4 N.E.2d 299

DI LEO'S CASE.

Supreme Judicial Court of Massachusetts, Suffolk.

Oct. 30, 1936.


Proceeding under the Workmen's Compensation Act by Diego Di Leo, employee, opposed by Edward S. Moore & Son, employer, and the Employers' Liability Assurance Corporation, insurer, wherein the employee and employer entered into an agreement for payment of compensation for injuries sustained by employee, which was approved by the Industrial Accident Board, and thereafter proceedings were had on the question of discontinuance of payments. From an adverse decree of the superior court on proceedings to review the ruling of single member and reviewing board in favor of the employee, the insurer appeals.

Appeal dismissed.

[4 N.E.2d 299]

Appeal from Superior Court, Suffolk County; Sisk, Judge.
W. G. Reed and E. H. Potter, both of Boston, for appellant.

Nicholas Fusaro and Nunziato Fusaro, of Worcester, for claimant.


RUGG, Chief Justice.

This is an appeal by the insurer from a decree entered on March 6, 1936, ordering it to pay compensation to the employee at a specified rate from June 19, 1933, to be continued in accordance with the provsions of the Workmen's Compensation Act (G.L.[Ter.Ed.] c. 152, as amended). The ground of objection is that the court was without jurisdiction because the contract of hiring between the employee and his insured employer, and the injury received in the course of and growing out of that employment, took place on land belonging to the United States of America located in the town of Rutland within the territorial limits of this Commonwealth.

The history of the case as disclosed by the record may be summarized briefly. The employee was injured on October 9, 1932. On October 23, 1932, the employee and the insurer entered into an agreement for payment of compensation for the injuries sustained by the employee in the course of his employment by the insured employer at the rate of $14.66 per week during his total disability. This agreement was approved by the Industrial Accident Board on January 12, 1933. Payments were made accordingly by the insurer for a time. G.L.(Ter.Ed.) c. 152, § 6. A hearing was had on June 19, 1933, on the question of the discontinuance of the payments. G.L.(Ter.Ed.) c. 152, § 7. In a decision filed August 9, 1933, the single member of the board found that the employee continued to be totally disabled and was entitled to continuance of compensation at the same rate. The insurer sought to raise the...

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5 practice notes
  • Miller v. Richards
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • 27 Marzo 1940
    ...278 Mass. 294, 299, 180 N.E. 142;MacKinnon's Case, 286 Mass. 37, 190 N.E. 117;Virta's Case, 287 Mass. 602, 607, 192 N.E. 98;DiLeo's Case, 295 Mass. 568, 571, 4 N.E.2d 299;Employer's Liability Assurance Corp., Ltd. v. Dileo, Mass., 10 N.E.2d 251. That principle, thought argued, has no applic......
  • Green's Case
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • 12 Marzo 1953
    ...but neither that issue nor its ramifications are properly before this court. Sterling's Case, 233 Mass. 485, 124 N.E. 286; DiLeo's Case, 295 Mass. 568, 4 N.E.2d 299; Employers' Liability Assurance Corp. Ltd. v. DiLeo, 298 Mass. [330 Mass. 69] 401, 10 N.E.2d 251. It is immaterial that the em......
  • Brophy's Case
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • 29 Junio 1951
    ...The purpose of the agreement was to prevent such a situation. Dempsey's Case, 230 Mass. 583, 586-587, 120 N.E. 75; DiLeo's Case, 295 Mass. 568, 571, 4 N.E.2d But the insurer contends in effect that because the claimant seeks to enforce his rights as a dependent he is undertaking a new and s......
  • In re Murphy
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • 18 Enero 1940
    ...appeal must be dismissed. Dempsey's Case, 230 Mass. 583, 587, 120 N.E. 75;Sterling's Case, 233 Mass. 485, 490, 124 N.E. 286;DiLeo's Case, 295 Mass. 568, 570, 571, 4 N.E.2d 299;Employers' Liability Assurance Corp., Ltd., v. DiLeo, 298 Mass. 401, 402, 403, 10 N.E.2d 251. See also Young v. Dun......
  • Request a trial to view additional results
5 cases
  • Miller v. Richards
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • 27 Marzo 1940
    ...278 Mass. 294, 299, 180 N.E. 142;MacKinnon's Case, 286 Mass. 37, 190 N.E. 117;Virta's Case, 287 Mass. 602, 607, 192 N.E. 98;DiLeo's Case, 295 Mass. 568, 571, 4 N.E.2d 299;Employer's Liability Assurance Corp., Ltd. v. Dileo, Mass., 10 N.E.2d 251. That principle, thought argued, has no applic......
  • Green's Case
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • 12 Marzo 1953
    ...but neither that issue nor its ramifications are properly before this court. Sterling's Case, 233 Mass. 485, 124 N.E. 286; DiLeo's Case, 295 Mass. 568, 4 N.E.2d 299; Employers' Liability Assurance Corp. Ltd. v. DiLeo, 298 Mass. [330 Mass. 69] 401, 10 N.E.2d 251. It is immaterial that the em......
  • Brophy's Case
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • 29 Junio 1951
    ...The purpose of the agreement was to prevent such a situation. Dempsey's Case, 230 Mass. 583, 586-587, 120 N.E. 75; DiLeo's Case, 295 Mass. 568, 571, 4 N.E.2d But the insurer contends in effect that because the claimant seeks to enforce his rights as a dependent he is undertaking a new and s......
  • In re Murphy
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • 18 Enero 1940
    ...appeal must be dismissed. Dempsey's Case, 230 Mass. 583, 587, 120 N.E. 75;Sterling's Case, 233 Mass. 485, 490, 124 N.E. 286;DiLeo's Case, 295 Mass. 568, 570, 571, 4 N.E.2d 299;Employers' Liability Assurance Corp., Ltd., v. DiLeo, 298 Mass. 401, 402, 403, 10 N.E.2d 251. See also Young v. Dun......
  • Request a trial to view additional results

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