Castillo's Case
Castillo's Case
Opinion of the Court
Pedro Castillo seeks double compensation because his employer struck him. He alleges that such conduct is “serious and wilful” misconduct under G. L. c. 152, § 28 (1984 ed.). A single member of the Industrial Accident
The decision of the board contains insufficient subsidiary findings. The board found that the employer told the employee to clean a greasy stove. The employee “got mad at his boss and yelled and swore at him.” The board further found that “[a]t the time the two of them were talking, Castillo was holding a mop in his hand. He was mopping the floor at the time. [The employer] turned around and punched him on the left side of his mouth.” Based on these findings, the board concluded that the employer “at the time he struck the employee was in fear of being struck and that the altercations in the fight that followed was self-defense. There was provocation here.”
The Appeals Court, in its unpublished memorandum, concluded that there “was evidence to support [the board’s] decision and . . . [therefore] it was error for the judge to order judgment contrary to the decision of the board.” We agree with the Appeals Court that there is evidence to support the board’s conclusion. However, the board mistakenly attributed the employer’s affidavit on the question of provocation to the employee.
The judgment of the Superior Court is reversed and a new judgment is to be entered remanding the case to the board for further proceedings consistent with this opinion.
So ordered.
In the affidavit, the employer stated that the blow was unprovoked; at the hearing he testified that he acted in self-defense.
We do not reach or decide any issue under G. L. c. 152, § 28.
Reference
- Full Case Name
- Pedro Castillo's Case
- Status
- Published