Curtin's Case
Curtin's Case
Opinion of the Court
The crucial issue regarding this claim was whether Curtin should be characterized as an “employee,” and thus entitled to compensation (if other conditions were met), or as an “independent contractor,” and thus disentitled. Compare Brigham’s Case, 348 Mass. 140 (1964); Lane’s Case, 354 Mass. 776 (1968); Locke, Workmen’s Compensation §§ 141-148 (2d ed. 1981). On the present appeal, the record appendix reproduces the transcript of
Paragraph 3 is inadequate as a subsidiary finding to support the ultimate finding or conclusion: it fails to resolve any issues of credibility or to manifest any analysis of the evidence in the light of the applicable substantive rules of law. SeeAckroyd’s Case, 340 Mass. 214, 220-221 (1960). As the reasoning of the single member, and then of the board, thus is undisclosed, the decision appears unprincipled, and appropriate review by the courts is frustrated.
The judgment of the Superior Court is vacated and that court will remand the case to the Department of Industrial Accidents (successor to the Industrial Accident Board) for further action consistent with this opinion.
So ordered.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.