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Porreca's Case

Supreme Judicial Court of Massachusetts
Dec 2, 1965
212 N.E.2d 212 (Mass. 1965)

Opinion

December 2, 1965.

Edmund Z. Dymsza for the insurer.

John J. Campbell for the employee.


Decree of Superior Court affirmed with costs of appeal under G.L.c. 152, § 11A, to be settled by the single justice. A physician testified that inhalation of fumes while at work on April 30, 1963, was the cause of the employee's injury and that a basis of his opinion was a history of good health before the accident. The insurer introduced evidence of chronic bronchial affliction from 1929 to 1947 with supporting hospital records. The hospital records also showed an entry on January 11, 1957, in the course of a general examination in the medical clinic: "Resp — Wheezing almost gone now." This evidence did not require a finding that the employee was not in good health in a relevant period before the accident. It did not vitiate the affirmative medical testimony nor require the acceptance of the contrary medical view that the employee's incapacity was not caused by the accident.


Summaries of

Porreca's Case

Supreme Judicial Court of Massachusetts
Dec 2, 1965
212 N.E.2d 212 (Mass. 1965)
Case details for

Porreca's Case

Case Details

Full title:AMELIA PORRECA'S CASE

Court:Supreme Judicial Court of Massachusetts

Date published: Dec 2, 1965

Citations

212 N.E.2d 212 (Mass. 1965)
349 Mass. 775