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D'Amato's Case

Angelo D'Amato's (dependents') Case

D'Amato's Case, 1 N.E.2d 188 (Mass. 1936)
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Court
Massachusetts Supreme Judicial Court · State Highest Courts
Decided
April 9, 1936
Citations
1 N.E.2d 188294 Mass. 2971936 Mass. LEXIS 1204

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

By the Court.

This is an appeal from a decree of the Superior Court entered pursuant to findings and decision of the Industrial Accident Board to the effect that the claimant was not a dependent of the deceased employee, and dismissing the claim for compensation. The deceased employee met his death by drowning arising out of and in the course of his employment. The only question in dispute was whether the father or mother of the deceased, both of whom were residents of Italy, was dependent upon the deceased employee.

The father and mother were not conclusively presumed to be dependent upon their deceased son. Whether they were so dependent was a question of fact to be determined upon the evidence. G. L. (Ter. Ed.) c. 152, § 32. Ferriter’s Case, 269 Mass. 267 . The burden of proof was upon the parents to establish the fact of dependency. Sponatski’s Case, 220 Mass. 526 . The single member found no depend *298 ency on the part of the father. No question of law can arise as to his claim. A slight dependency on the part of the mother was found by the single member. The reviewing board found upon all the evidence that there was no dependency within the meaning of the act and denied the claim for compensation. It is familiar law that the finding of the reviewing board entirely supersedes that of the single member, which thereafter becomes of no importance. The decision of the reviewing board must be accepted as final. Di Clavio’s Case, 293 Mass. 259 . The decision of the reviewing board shows that the* burden of proof resting upon the claimant was not established. Ricci’s Case, ante, 67. There is no power vested in the courts to revise the findings made by the reviewing board. McGowan’s Case, 288 Mass. 441 . The record fails to show that the reviewing board was under any misapprehension of law or fact in rendering its decision. The evidence need not be reviewed;

Decree affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1940: 119402026peak 1940 · 1

Relies on it most ⓘ

  1. Indrisano's Case30 N.E.2d 538 (Mass. 1940)

Most recent

  1. Indrisano's Case30 N.E.2d 538 (Mass. 1940)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

DepthCaseCited by
Sponatski's Case, 220 Mass. 526 (1915) 165
Di Clavio's Case, 199 N.E. 732 (Mass. 1936) 53
Ferriter's Case, 168 N.E. 747 (Mass. 1929) 16
McGowan's Case, 193 N.E. 28 (Mass. 1934) 13

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