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360 Mass. 874

Vomvoris's Case

Massachusetts Supreme Judicial Court

Decided January 6, 1972

Massachusetts Supreme Judicial Court · decided 1972-01-06

Relies on Commonwealth v. Russ · Haley's Case · McLean's Case

Good law ✅— No negative treatment on recordhow we know

Decided 1972-01-06

How this case has been cited

Cited by 6 later decisions — most recently September 2003

6 state decisions

301972198019902000decided

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.

View the full empirical analysis of this case →

¶1The self-insurer appeals from a final decree awarding the employee compensation for total and permanent incapacity, claiming that an expert witness for the employee, a professional psychologist and vocational consultant, was permitted to give an opinion based on hearsay not in evidence, contrary to our decisions. Commonwealth v. Russ, 232 Mass. 58, 73-74. Charron’s Case, 331 Mass. 519, 523. Haley’s Case, 356 Mass. 678, 681-683. Testimony by medical doctors amply supported the findings of the single member of the board that the employee was totally and permanently incapacitated and that the incapacity was causally related to his industrial injury. There is nothing to indicate that the single member regarded the psychologist’s testimony as anything but cumulative. The error, if any, was not prejudicial. Indrisano’s Case, 307 Mass. 520, 523. Caccamo’s Case, 316 Mass. 358, 362-363. McLean’s Case, 323 Mass. 35, 39. Cherwinski’s Case, 344 Mass. 761.

¶2Decree affirmed.

¶3Costs and expenses of appeal are to be determined by the single justice.

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