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361 Mass. 848

Frye's Case

Massachusetts Supreme Judicial Court

Decided February 3, 1972

Massachusetts Supreme Judicial Court · decided 1972-02-03

Relies on Fitzpatrick's Case

Good law ✅— No negative treatment on recordhow we know

Decided 1972-02-03

How this case has been cited

Cited by 4 later decisions — most recently March 2012

4 state decisions

2019721980199020002010decided

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 United States Fidelity and Guaranty Company appeals from a final decree awarding compensation to the employee for personal injury sustained on February 9, 1967, and dismissing a claim against the Liberty Mutual Insurance Company. The final decree was in accord with the decision of the reviewing board which adopted and affirmed the findings and decision of the single member. We find no error. The employee had previously suffered a back injury on May 18, 1960, while employed by Vappi and Company, Incorporated, and was compensated by the Liberty Mutual Insurance Company. The single member could have found on the testimony of a physician evidence sufficient to warrant the finding that the new back injury occurred while the employee was working for the Petrucelli Construction Company for which the United States Fidelity and Guaranty Company, the insurer at that time, was liable. This is a case of two compensable injuries. The insurer covering the risk of that more recent injury which is causally related to the employee’s disability is liable for the entire compensation for the current injury. See Fitzpatrick’s Case, 331 Mass. 298, 300.

¶2Decree affirmed.

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