¶1Decree affirmed. The board was not obliged to accept the employee’s contention that one or more of his several hernias or any disability therefrom arose out of a fall against a steam table while he was at work. There was evidence that a medical examination ten days before the fall revealed hernia and that another examination the day after the fall disclosed no black and blue marks and showed that the employee’s condition was the same as before the fall. The employee had the burden of proof. Even if other evidence would have warranted findings in the employee’s favor, the issues were issues of fact, and the findings against the employee must stand. Amon’s Case, 315 Mass. 210, 214-215. Flaherty’s Case, 316 Mass. 719, 722. Roney’s Case, 316 Mass. 732, 734. Amello’s Case, 320 Mass. 347. Chapman’s Case, 321 Mass. 705, 707.
326 Mass. 797
Nouses's Case
Massachusetts Supreme Judicial Court
Decided January 2, 1951
Massachusetts Supreme Judicial Court · decided 1951-01-02
Cited by 1 later decisions — most recently February 1973
1 state decisions
Relies on Chapman's Case · Roney's Case · Amon's Case
Good law ✅— No negative treatment on recordhow we know
Decided 1951-01-02
View the full empirical analysis of this case →