In re Pederzoli

Decision Date03 January 1930
Citation169 N.E. 427,269 Mass. 550
PartiesPEDERZOLI'S CASE.
CourtUnited States State Supreme Judicial Court of Massachusetts Supreme Court

OPINION TEXT STARTS HERE

Appeal from Superior Court, Suffolk County; Lummus, Judge.

Proceeding under the Workmen's Compensation Act by Alphonse Pederzoli, opposed by the insurer. The Industrial Accident Board awarded compensation to the employee, and the insurer appeals from the final decree of the superior court for the employee. Decree affirmed.

G. Gleason, of Boston, for insurer.

W. A. Murray, of Boston, for employee.

PIERCE, J.

This is an appeal by the insurer from a final decree of the Superior Court wherein, in substance, it is adjudged and decreed that the employee sustained a personal injury on August 22, 1928, within the provisions of the Massachusetts Workmen's Compensation Act, that thereafter he was totally disabled, and that the insurer should pay compensation as therein determined in detail.

All the meterial evidence received at the hearing on the employee's petition for compensation, which was before a member of the Industrial Accident Board, and on review before the Industrial Accident Board, is reported. The facts which were supported by the evidence, and are pertinent to the issue raised by the insurer, were found by the member and by the board to be in substance as follows: The employer, which maintains an office in Massachusetts and a field office in Vermont, was and is a contractor doing road building in Massachusetts and other New England states. In the summer of 1928 this corporation was building a road in Georgia, Vermont, and at the same time had a contract for the building of a road in Marlboro, Massachusetts, and with the State of Maine for the building of a road in Maine. In February, 1928, the employee asked the employer's agent for work and was told he would be given a job as soon as the employer ‘had something opening up.’ On July 26, 1928, the employer's agent telephoned from Framingham, Massachusetts, to the employee at Milford. Massachusetts, that he had a job for him, and in reply to a question of the employee told him that he was going to try to get him work in Marlboro, Massachusetts.’ On July 27, 1928, the employer's agent told the employee that he would ‘send him to Vermont for the time being.’ The employee accepted the proposal and within a few days after July 27, 1928, was taken to Vermont at the employer's expense. From that time he worked in Vermont as a timekeeper for the employer until August 22, 1928, when he received personal injuries which arose out of and in the course of his employment. The employer insured its employees in Massachusetts, New Hampshire and Vermont, under a standard workmen's compensation policy No. 44434A.

The insurer contends that the decree should be reversed and a decree entered in favor of the insurer because the employee is not entitled, as it claims, to compensation under the provisions of the Massachusetts workmen's compensation act. The employee and the insurer concede that the...

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    • U.S. Supreme Court
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