Goggin's Case
Goggin's Case
Opinion of the Court
Goggin, an inspector in the office of the district attorney for the Suffolk district, was injured on No
A single member of the Industrial Accident Board found that Goggin was totally disabled from the date of his injuries, awarded him a lump sum of $4,500, and ruled that he was not entitled to additional payments under G. L. (Ter. Ed.) c. 152, § 34A, which was inserted in c. 152 by St. 1935, c. 364. The decision of the single member was affirmed by the board. The county paid Goggin $4,500. He appealed from a decree of the Superior Court denying him any further payments. The principal contention of Goggin is that he is entitled to the benefits provided by § 34A which was in effect when St. 1936, c. 422, became effective by its acceptance by the city council.
St. 1936, c. 422, did not confer upon Goggin all the benefits of the workmen’s compensation law and he was not given the remedies that, he would have had if his employment were included within the compensation law at the time of his injury. All that the Legislature intended was to empower the county of Suffolk, if it saw fit, to pay Gog-gin the amount to which he would be entitled if, at the time of his injury, he were an employee covered by the workmen’s compensation law. The reference to the workmen’s compensation law was solely for the purpose of fixing the amount that the county upon acceptance of the act was authorized to pay him.
The proceedings before the single member, the board and -the Superior Court were without sanction of law. The decree purported tó determine the measure of the rights
So ordered.
Reference
- Full Case Name
- Thomas E. Goggin's Case
- Status
- Published