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231 Mass. 259

McCarthy's Case

Massachusetts Supreme Judicial Court

Decided November 22, 1918

Massachusetts Supreme Judicial Court · decided 1918-11-22

<p> Workmen’s Compensation Act. Proximate Came. </p> <p>A finding of the Industrial Accident Board, that the death of an employee from acute miliary tuberculosis did not result from abrasions on his. leg and foot received four months and a half earlier in the course of and arising out of his , employment, is a finding of fact which will not be disturbed, if warranted by the evidence, as it was in the present case.</p>

Relies on Pigeon's Case · Moran's Case

Good law ✅— No negative treatment on recordhow we know

Decided 1918-11-22

How this case has been cited

Cited by 13 later decisions — most recently January 1975

13 state decisions

601918192019301940195019601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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By the Court.

¶1It has been decided repeatedly that the decisions of the Industrial Accident Board upon questions of fact stand upon the same footing as the verdict of a jury or the finding of a judge and are not subject to review. The only question in that connection is whether there is any evidence to support the decision. Pigeon’s Case, 216 Mass. 51. Moran’s Case, 230 Mass. 500. Knight’s Case, ante, 142.

¶2The crucial question in the case at bar was, whether any causal connection was shown between the disease known as acute miliary tuberculosis, which resulted fatally to the employee on February 2, 1915, and the abrasions on his leg and foot, received in the course of and arising out of his employment on the fourteenth of the preceding September. The record shows that while there was some testimony tending to show that there was such connection, there was other testimony tending to show that there was no such connection. Its weight and credibility were for the Industrial Accident Board. The decision of the board in favor of the insurer has ample support in the evidence and cannot be set aside.

¶3 Decree affirmed.

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