MacFarlane's Case
Decision Date | 03 December 1953 |
Citation | 115 N.E.2d 925,330 Mass. 573 |
Parties | MacFARLANE'S CASE. |
Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Walter G. Powers, Taunton, for claimant.
James C. Gahan, Jr., Boston, for insurer.
Before QUA, C. J., and WILKINS, SPALDING, WILLIAMS and COUNIHAN, JJ.
Glenwood Range Company, a self insurer, appeals from a decree awarding dependency compensation and other sums to Alice MacFarlane, the widow of the deceased employee, Oscar W. MacFarlane, 1 who contracted a case of silicosis arising out of and in the course of his employment and, in consequence thereof, died on January 11, 1951. The self insurer contends that the claimant's right is barred because during the life of her husband she participated with him in signing a lump sum agreement.
The reviewing board adopted the decision of the single member, which so far as material is:
The self insurer does not take the position that the employee's settlement of his claim is a bar to the widow, but argues that what she did herself with respect to that settlement does constitute a bar. See Wallace v. Lux Clock Co., 120 Conn. 280, 180 A. 466.
The reviewing board did not undertake to find all the facts upon which the self insurer's defence is based. At the hearing before the single member the agreement, dated October 15, 1950, for redeeming liability by payment of a lump sum approved by the board on November 20, 1950, was made part of the record by agreement. This was signed by the employee and by the claimant upon a form apparently provided by the department of industrial accidents. It reads. The agreement was witnessed.
Also in the record is a check on a Boston bank dated January 2, 1951, for $5,609.62 payable to Oscar W. MacFarlane, signed 'Brown, Field & McCarthy Settlement Account for Glenwood-Lloyd Claims by James C. Gahan, Jr.' The indorsement is 'Alice MacFarlane administratrix of the estate of Oscar W. MacFarlane deceased.'
The three cases cited by the reviewing board do not sustain its ruling that the widow had no rights she could sign away. The only case of the three to which we need refer is Cripps' Case, 216 Mass. 586, 104 N.E. 565, which held that a release solely by the employee did not bar the widow's claim arising after his death. At page 589 of 216 Mass., at page 566 of 104 N.E., it was said, Compare King v. Viscoloid Co., 219 Mass. 420, 422-423, 106 N.E. 988. In Brophy's Case, 327 Mass. 557, 561, 99 N.E.2d 922, 924, there appears the following pertinent language: ...
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