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Lynch's Case

Walter J. Lynch's (dependent's) Case

Lynch's Case, 227 N.E.2d 907 (Mass. 1967)
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Court
Massachusetts Supreme Judicial Court · State Highest Courts
Decided
June 5, 1967
Citations
227 N.E.2d 907352 Mass. 7821967 Mass. LEXIS 972

Opinion of the Court

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This is an appeal from a decree of the Superior Court denying dependency compensation to a claimant widow after the single member of the Industrial Accident Board found that the employee’s death did not arise out of, or in the course of, his employment and was not causally related to an industrial accident. The reviewing board adopted the findings of the single member. The employee was found dead in front of a tumbling machine which he operated at his place of employment. The case was submitted under the provisions of G. L. c. 152, § 7A, which establishes the presumption on an employee’s death that the claim comes within the provisions of the chapter, that sufficient notice of injury was given, and that the death “was *783 not occasioned by the wilful intention of the employee.” The presumption, however, disappears if there is substantial evidence of no causal connection between the employment and the death. Lapinsky’s Case, 325 Mass. 13, 16 , and cases cited. In this case the death certificate ascribed the employee’s death to an “Acute Coronary Occlusion” and a medical expert testified that the cause of death was a “sudden cardiovascular incident” unrelated to his employment. This evidence was sufficient to make the presumption inapplicable and there was thus no error. Step-ner’s Case, 328 Mass. 230 . LeBlanc’s Case, 332 Mass. 334 .

Henry A. Moran, Jr., for the claimant. John D. Ross, Jr., & George W. Leary, for the insurer, submitted a brief.

Decree affirmed.

How later courts describe this case

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

1972: 119722026peak 1972 · 1

Relies on it most ⓘ

  1. Riordan's Case289 N.E.2d 838 (Mass. 1972)

Most recent

  1. Riordan's Case289 N.E.2d 838 (Mass. 1972)

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 3

DepthCaseCited by
Lapinsky's Case, 88 N.E.2d 642 (Mass. 1949) 14
Stepner's Case, 103 N.E.2d 227 (Mass. 1952) 6
LeBlanc's Case, 125 N.E.2d 129 (Mass. 1955) 5

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