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eBook details

• Title: Emery's Case
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 26, 1930
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

FIELD, J. In this proceeding under the Workmen's Compensation Act, G. L. c. 152, a decree was entered in the superior court ordering the payment of compensation for partial incapacity for work to the claimant, Alberta Emery, as an employee of the National Wood Heel Company, a corporation, and the insurer appealed. The insurer states that the 'only issue in this case is whether the said Alberta Emery may be found to be an employee under the workmen's compensation act when at the time of the injury she, as a stock holder and treasurer of the corporation, was engaged in the manual and mechanical operation of a machine owned by the corporation, and when at said time the remuneration received by the said Alberta Emery was not included in the audit upon which the premium was computed.' The findings of the reviewing board upon this issue were as follows: 'Alberta Emery, was an employee of the corporation, * * * of which she was a stockholder; * * * she was expressly included within the terms of the policy of insurance; * * * towards the latter part of June, 1928, she took upon herself the duties of a 'workman' within the meaning of Paragraph A of the policy of insurance, working in the 'turning room' on a hand-concaving machine until September 19, 1929 (during which time she was carried on the books of the corporation as a 'workman' at a weekly wage of $30) when the knife connected with the machine took off the end of her left middle finger; * * * this injury arose out of and in the course of her employment. * * *' The reviewing board made no finding as to the claimant being the treasurer of the corporation.

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