[DOWNLOAD] "Meunier's Case" by Supreme Judicial Court of Massachusetts ~ eBook PDF Kindle ePub Free
eBook details
- Title: Meunier's Case
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 09, 1946
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
RONAN, Justice. This appeal by the insurer from a decree awarding compensation for disability arising from an injury to the lungs of an employee is based on the ground that the statute, G.L.(Ter.Ed.) c. 152, § 9B, inserted by St. 1935, c. 424, as revised by St. 1938, c. 462, governing the admissibility and probative effect to be given to the reports of medical referees in workmen's compensation cases, is invalid. Section 9B, in so far as material, provides for the appointment of a board of medical referees consisting of three impartial physicians where an employee is claiming compensation on account of disability resulting from an injury due to an industrial disease. The referees are directed to examine the employee if living, and may examine the body of the employee if he has died, and 'may consider and study all pertinent medical and hospital records and other information relative to the claim * * * may inspect the place or places of the employment * * * and make such further investigation as they deem necessary; and shall make to the department a complete report, which shall include the results of their study, together with their diagnosis and their opinion as to the extent and cause of disability, if any.' The report of the referees 'shall be binding on the parties and be included in the decision of the single member and of the reviewing board; provided, that the single member or the reviewing board may refer the matter back to said referees for further investigation and report.' The employee contends that the word 'binding' in this section simply means that the report is admissible in evidence, and that the effect to be given to it depends upon the degree of credibility to which it appears to be entitled in the view of the trier of fact. The insurer contends that the Legislature intended not only that the report should be accepted as evidence but that it should be conclusive of all matters therein stated, and that, if the statute is applied, the insurer is deprived of any opportunity to attack, discredit or refute the report and is denied a fair chance to submit evidence to sustain its defence to the claim.