Petrelli v. Young Women's Christian Ass'n
Petrelli v. Young Women's Christian Ass'n
Opinion of the Court
The plaintiff brought this proceeding for compensation, claiming that while in the employ of the defendant he strained his back and was thereby incapacitated. The matter was heard before the commissioner, who made a finding and award denying the plaintiff’s claim, and on appeal to the Superior Court the decision of the commissioner was affirmed and the plaintiff has appealed to this court. The facts found by the commissioner so far as material to the questions of law' involved are these: The plaintiff had been employed by the defendant about seven years and both parties were subject to the provisions of the Workmen’s Compensation Act. The plaintiff’s work consisted of washing windows, cleaning floors, sweeping down stairs, polishing floors and carrying baggage and trunks. On September 21st, 1937, at about 12.30 in the afternoon, the plaintiff, in the course of his employment, carried several heavy bags a distance of about forty or fifty feet from one of the rooms to the
The plaintiff appealed to the Superior Court claiming error in the finding and award of the commissioner
The vital matter in this case is the finding of the commissioner that the plaintiff was not incapacitated by reason of any injury sustained while in the employment of the defendant. Unless the plaintiff can secure a change in this finding he cannot succeed upon this appeal. The plaintiff himself testified that he was ready to go to work on the second day after the injury and able to carry on his work. It appeared in evidence that on the day after the injury a representative of the defendant went to the plaintiff’s home and found him in apparently as good health as he had been before and that he made no complaint of any injury; also that on the same day he sought to have the representative of the insurer intercede to get his job back for him. Two doctors testified that he had apparently suffered a back strain that might have incapacitated him for a short but indefinite time to do heavy work; but that opinion was necessarily based upon the history he gave them; he had had a weakened back since 1932 and one doctor testified that he could not do heavy work, but that the carrying of the bags might or might not have strained his back and that some little thing might have done it. The finding of the commissioner that the claimant was not incapacitated from working because of any strain he may have sustained while carrying the bags must be interpreted to mean that he was not incapacitated
There is no error.
In this opinion the other judges concurred.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.