Workmen's Compensation Act, Findings by Industrial Accident Board. Proximate Cause.
In proceedings under the workmen's compensation act for double compensation and compensation for death of an employee, findings by the Industrial Accident Board, warranted by the evidence, that there was no causal connection between an injury, received by an employee, arising out of and in the course of his employment when he was burned by an explosion of metal polish and consisting of first and second degree burns on his hand, and his subsequent death from facial erysipelas and chronic myocarditis, and that the injuries were not caused by the serious and wilful misconduct of the employer, since he did not know of the liability of the polish to explode, must stand as final and cannot be reviewed, and the compensation sought must be denied.
RUGG, C.J.
The deceased employee received first and second degree burns on his hand, arising out of and in the course of his employment, on September 30, 1921. He returned to work on October 20, 1921, and continued until December 31, 1921. He died on January 6, 1922, of facial erysipelas and chronic myocarditis. It is not here contended that the employee was not entitled to compensation under the act for the injury of September 30, 1921. The single member and the Industrial Accident Board on review have found that there was no causal connection between the injury and the death. This was a pure question of fact. It is manifest from the report of the evidence that a finding of such causal connection was not required. There was ample evidence to support the finding made. It cannot be reviewed. It must stand as final under the authority of numerous decisions. Pigeon's Case, 216 Mass. 51. Pass's Case, 232 Mass. 515, and cases there collected. Chisholm's Case, 238 Mass. 412, 419. The same is true of the finding denying the claim for double compensation.
Decree affirmed.