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120 Me. 80

Shink's Case

Supreme Judicial Court of Maine

Decided March 25, 1921

Supreme Judicial Court of Maine · decided 1921-03-25

On May 2, 1919; Major Shink, the petitioner, while in the employment of Augustus Carey & Co., át Waterville, was injured. For such injury, the petitioner was paid as compensation for loss of time two hundred and fifty dollars, and a bill of $35 for medical services rendered to petitioner as a result of such injury was paid by the insurer.

Cited by 2 later decisions — most recently April 1977

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Appeal sustained · Decided 1921-03-25

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Deasy[ J.

¶1In Mathias Gauthier’s Case, supra it was determined by this court that, under the Workmen’s Compensation Law, when an industrial accident occurs to an employee the rights and obligations of the parties become vested and fixed, and that such rights and obligations cannot be either destroyed or enlarged by subsequent legislation. This principle is based upon the plain mandates *81of both the State and Federal constitutions. It is decisive of this case. The commission invokes Chapter 238 of the laws of 1919 as creating a liability on the part of the defendants to pay the expenses of a surgical operation for which admittedly there was no liability under the law in force at the date of the accident.

¶2In accordance with the principle above stated this ruling must be reversed.

¶3Appeal sustained.

¶4Decree reversed.

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