Robichaud's Case

Decided November 21, 1919

Massachusetts Supreme Judicial Court · decided 1919-11-21

Appeal to the Superior Court under the workmen’s compensation act from a decision of the Industrial Accident Board, entered on February 17, 1919, awarding to the claimant $25.71 as compensation under the act. The case was heard by Lawton, J. Material facts are described in the opinion. A decree was made in accordance with the decision of the Industrial Accident Board. The insurer appealed. G. Gleason, for the insurer, submitted a brief. No counsel appeared for the claimant.

Cited by 3 later decisions — most recently September 1954

3 state decisions

Relies on Centrello's Case · Winslow's Case · Eckert's Case

Good law ✅— No negative treatment on recordhow we know

Decided 1919-11-21

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By the Court.

¶1The claimant made a contract with the insured “to draw logs for $2.50 a cord,” furnishing and caring for the team. He assumed no obligation to draw the logs at any particular time, doing it at his convenience in connection with *61other business. He was injured in the performance of this contract, which, as construed by the acts of the parties, included unloading or helping to unload the logs at their destination.

¶2On these facts, which are not in dispute, it is plain that the claimant was an independent contractor. He was not an employee under the workmen’s compensation act. The case is governed by Centrello’s Case, 232 Mass. 456, Winslow’s Case, 232 Mass. 458, and Eckert’s Case, 233 Mass. 577, all decided since the hearing before the Industrial Accident Board, which preclude the claimant from recovering.

¶3 Decree reversed.

¶4 Decree to be entered in favor of the insurer.