WARAKOMSKI'S CASE

Workmen's Compensation Act, Injuries to which act applies. Proximate Cause.

A finding was warranted that an injury to an employee in a stiffening room of a hat factory, caused by his slipping while with his employer's implied permission he was using a tub of hot water supplied by the employer to clean shellac from rubbers which he wore in his employment, arose out of and in the course of his employment; and a finding was not required that it was caused by his serious and wilful misconduct.

LUMMUS, J.

The insurer appealed from a decree awarding the employee compensation for an injury caused by the slipping of his foot into a tub of hot water. He was cleaning an accumulation of shellac from his rubber. The shellac accumulated on the rubber in the course of his employment. The injury could be found to arise out of his employment, and to be an incident of his employment. Sylvia's Case, 298 Mass. 27. The necessary causal relation could be found to exist between the employment and the injury. G.L. (Ter. Ed.) c. 152, § 26. Higgins's Case, 284 Mass. 345, 347. No serious and wilful misconduct was shown. G.L. (Ter. Ed.) c. 152, § 27. The difference between that and absence of causal relation is illustrated by Lazarz's Case, 293 Mass. 538.

Decree affirmed.