Minnie Favor's Case

• Decision Date: 18 October 1926
• Citation: Minnie Favor's Case, 257 Mass. 267 (Mass. 1926)
• Parties: MINNIE FAVOR'S CASE.
• Court: Supreme Judicial Court of Massachusetts

257 Mass. 267

MINNIE FAVOR'S CASE.

Supreme Judicial Court of Massachusetts, Hampden.

October 18, 1926

September 23, 1926.

Present: RUGG, C.

J., CROSBY CARROLL, WAIT, & SANDERSON, JJ.

Workmen's Compensation Act, Physician's services; Procedure findings by Industrial Accident Board, appeal.

An appeal from a decree of the Superior Court, denying a claim by a physician for payment by an insurer for services rendered by the claimant to one injured while in the employ of a subscriber under the workmen's compensation act, presented no question of law where the record certified by the board while showing evidence of services rendered by the physician and the amount of his bill, contained no evidence that the services were adequate and reasonable or that the charges were reasonable, and showed that the board decided merely "that under all the circumstances existing in this case the present petitioner's claim should be denied."

CERTIFICATION to the Superior Court under the provisions of the workmen's compensation act of a decision by the Industrial Accident Board denying a claim by W. Edward Gorman, M.D., that the insurer pay him for services rendered to Minnie Favor, who was injured while in the employ of Bozart Rug Company.

In the Superior Court, by order of Broadhurst, J., a decree was entered denying the claim. Dr. Gorman appealed.

The case was submitted on briefs. H.A. Moran, for the claimant.

G. Gleason, for the insurer.

CROSBY, J. This is an appeal by a physician from a decree of the Superior Court affirming a finding of the Industrial Accident Board. G.L.c 152.

The employee received an injury arising out of and in the course of her employment on December 28, 1922. Thereafter she was paid some compensation, and on October 26, 1923, a lump sum settlement of $425 was approved by the board. This sum, together with what she had previously received, made a total payment of $631.40. The agreement for settlement so made recited that the payments were received "in compromise settlement including hospital and medical expenses." The appellant, Dr. W. Edward Gorman, treated the employee for her injuries for which he charged $127. His last treatment as appears from his bill was on April 5, 1923. He testified that he first learned of the settlement in September, 1924. He first requested a hearing before the board upon the allowance of his bill in January, 1926, and a hearing was held on March 2, 1926; the board decided "that under all the circumstances existing in this case, the present petitioner's claim should be denied." This finding in substance...