Jones v. Town of Wayland, 373 N.E.2d 199 (Mass. 1978). · Go Syfert
Jones v. Town of Wayland, 373 N.E.2d 199 (Mass. 1978). Cases Citing This Book View Copy Cite
117 citation events (23 in the last 25 years) across 4 distinct courts.
Strongest positive: E.D.S. Federal Corp. v. System Development Corp. (masssuperct, 1998-08-07)
Treatment trajectory · 1978 → 2026 · click a year to view as-of
1978 2002 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) E.D.S. Federal Corp. v. System Development Corp.
Mass. Super. Ct. · 1998 · quote attribution · 1 verbatim quote · confidence high
indeed, where subsidiary findings are reported by the master, both the trial judge and the appellate court are obligated to draw their own inferences from these findings
discussed Cited as authority (verbatim quote) Foley v. Town of Northbridge
Mass. App. Ct. · 1982 · quote attribution · 1 verbatim quote · confidence high
the term 'compensation' encompasses both salary and wages
discussed Cited as authority (quoted) Commonwealth v. Lam Hue To
Mass. · 1984 · quote attribution · 1 verbatim quote · confidence low
the theory of law on which by assent a case is tried cannot be disregarded when the case comes before an appellate court for review of the acts of the trial judge
examined Cited as authority (rule) THOMAS V. RALPH v. CIVIL SERVICE COMMISSION & another. (3×) also: Cited "see"
Mass. App. Ct. · 2021 · confidence medium
One such employment is described in Jones v. Wayland, 374 Mass. 249, 251-252 (1978), in which the town of Wayland appointed a special police officer who was paid by the day and whose duties included "cruiser patrol, traffic direction, and appearance in court for the purpose of giving testimony." Another is described in Maynard v. Director of Div. of Employment Sec., 397 Mass. 1005, 1005 (1986), in which the town of Maynard appointed a part-time special police officer "on an 'on-call as needed' basis." Yet another is described in Politano v. Selectmen of Nahant, 12 Mass. App. Ct. 738, 741 (1981…
discussed Cited as authority (rule) Short v. Marinas USA Ltd. Partnership
Mass. App. Ct. · 2011 · confidence medium
General Laws c. 231, § 6B, as amended through St. 1982, c. 183, § 2, reads in relevant part: “In any action in which a verdict is rendered or a finding made or an order for judgment made for pecuniary damages for personal injuries to the plaintiff or for consequential damages, or for damage to property, there shall be added by the clerk of court to the amount of damages interest thereon at the rate of twelve per cent per annum from the date of commencement of the action even though such interest brings the amount of the verdict or finding beyond the maximum liability imposed by law.” See…
discussed Cited as authority (rule) Law v. Griffith (2×) also: Cited "see"
Mass. · 2010 · confidence medium
See Gold-stein v. Gontarz, 364 Mass. 800, 808-809 (1974), and cases cited; Restatement (Second) of Torts § 920A (1979). 7 See also Jones v. Wayland, 374 Mass. 249, 262 (1978).
discussed Cited as authority (rule) DeFrancesco v. Civil Service Commission
Mass. Super. Ct. · 2009 · confidence medium
Pursuant to G.L.c. 31, §59, “a member of a regular police force ... who has served as such for twenty-five years and who passes an examination for promotional appointment in such force shall have preference in promotion equal to that provided to veterans under the civil service rules.” The law distinguishes between “regular police officers” and “special state police officers.” G.L.c. 22C, §63; Jones v. Wayland, 374 Mass. 249, 255-56 (1989) (reasoning that because there are “numerous instances in the General Laws where the term ‘police officer’ [is] qualified by antecedents …
cited Cited as authority (rule) Sylvestre v. Martin
Mass. Super. Ct. · 2008 · confidence medium
Jones v. Wayland, 374 Mass. 249, 262 (1978); Buckley Nursing Home, Inc. v. MCAD, 20 Mass.App.Ct. 172, 184 , rev. den., 395 Mass. 1103 (1985).
cited Cited as authority (rule) Todino v. Town of Wellfleet
Mass. · 2007 · confidence medium
Jones v. Wayland, 374 Mass. 249, 260 (1978), S.C., 380 Mass. 110 (1980).
cited Cited as authority (rule) Palochko v. Reis
Mass. App. Ct. · 2006 · confidence medium
Against Discrimination, 20 Mass. App. Ct. 172, 183 (1985), quoting from Jones v. Wayland, 374 Mass. 249, 262 (1978).
discussed Cited as authority (rule) School Committee v. Massachusetts Commission Against Discrimination
Mass. App. Ct. · 2005 · confidence medium
Against Discrimination, 20 Mass. App. Ct. 172, 183 (1985), quoting from Jones v. Wayland, 374 Mass. 249, 262 (1978) (applying “collateral source rule” to employment discrimination context because “if there is to be a ‘windfall,’ such benefit should accrue to the injured party rather than to the wrongdoer”).
discussed Cited as authority (rule) Poncin v. Central Locating Service, Ltd.
Mass. Super. Ct. · 2003 · confidence medium
The rationale for the collateral source rule — "that if there is to be a ‘windfall,’ such benefit should accrue to the injured party rather than to the wrongdoer," Jones v. Wayland, 374 Mass. 249, 262 (1978)—would be absurd if the rule applied only to benefits that must be reimbursed.
cited Cited as authority (rule) Smith v. Bell Atlantic
Mass. Super. Ct. · 2003 · confidence medium
Jones , at 250-54.
discussed Cited as authority (rule) England v. Reinauer Transportation Companies, L.P.
1st Cir. · 1999 · confidence medium
The substantive aspect of the collateral source rule in Massachusetts provides that “compensation received from a third party unrelated to a tortfeasordefendant (the collateral source) will not diminish an injured party’s recovery from that tortfeasor.” Fitzgerald v. Expressway Sewerage Const., Inc., 177 F.3d 71, 73 (1st Cir.1999) (citing Jones v. Wayland, 374 Mass. 249, 262 , 373 N.E.2d 199, 207 (1978); Goldstein v. Gontarz, 364 Mass. 800, 809 , 309 N.E.2d 196, 203 (1974)).
discussed Cited as authority (rule) England v. Reinauer (2×)
1st Cir. · 1999 · confidence medium
The substantive aspect of the collateral source rule in Massachusetts provides that "compensation received from a third party unrelated to a tortfeasor-defendant (the collateral source) will not diminish an injured party's recovery from that tortfeasor." Fitzgerald, P.P.A. v. Expressway Sewerage Constr., Inc., 177 F.3d 71, 73 (1st Cir. 1999) (citing Jones v. Wayland, 374 Mass. 249, 262, 373 N.E.2d 199, 207 (1978); Goldstein v. Gontarz, 364 Mass. 800, 809 , 309 N.E.2d 196, 203 (1974)).
cited Cited as authority (rule) Wulleman v. Town of North Reading
Mass. Super. Ct. · 1997 · confidence medium
In support of this proposition, the Town depends primarily on Jones v. Wayland, 374 Mass. 249, 260-62 (1978).
cited Cited as authority (rule) Bird v. Capital Site Management Co.
Mass. · 1996 · signal: cf. · confidence medium
Cf. Jones v. Wayland, 374 Mass. 249, 262 (1978).
discussed Cited as authority (rule) Putnam v. DeRosa
1st Cir. · 1992 · confidence medium
Massachusetts law gives the benefits of windfalls to the “injured party rather than to the wrongdoer.” See Jones v. Town of Wayland, 374 Mass. 249 , 373 N.E.2d 199, 207-08 (1978); Buckley Nursing Home, Inc. v. Mass. Commission Against Discrimination, 20 Mass.App. 172 , 478 N.E.2d 1292, 1299 (1985).
discussed Cited as authority (rule) Michael Putnam and Maureen Putnam v. Steven J. Derosa, Etc., Triad Finance Corporation, Michael Putnam and Maureen Putnam v. Steven J. Derosa, Etc., Michael Putnam and Maureen Putnam v. Steven J. Derosa, Etc., Progressive Consumers Federal Credit Union, Michael Putnam and Maureen Putnam v. Steven J. Derosa, Etc., Robert Amirault and Derosa Properties, Inc.
1st Cir. · 1992 · confidence medium
Massachusetts law gives the benefits of windfalls to the "injured party rather than to the wrongdoer." See Jones v. Town of Wayland, 374 Mass. 249 , 373 N.E.2d 199, 207-08 (1978); Buckley Nursing Home, Inc. v. Mass. Commission Against Discrimination, 20 Mass.App. 172 , 478 N.E.2d 1292, 1299 (1985).
cited Cited as authority (rule) Mulgrew v. City of Taunton
Mass. · 1991 · confidence medium
Jones v. Wayland, 374 Mass. 249, 259-260 (1978), S.C., 380 Mass. 110 (1980).
cited Cited as authority (rule) Delaney v. Chief of Police of Wareham
Mass. App. Ct. · 1989 · confidence medium
The decisions in Jones v. Wayland, 374 Mass. 249, 260 (1978), and Hennessey v. Bridgewater, 388 Mass. 219, 224-227 (1983), resolve this issue adversely to the plaintiff. 3.
discussed Cited as authority (rule) Sinkevich v. School Committee of Raynham
Mass. · 1988 · signal: cf. · confidence medium
Cf. Jones v. Wayland, 374 Mass. 249, 259 (1978) (special police officer); Campbell v. Boston, 337 Mass. 676, 678 (1958) (chairman of board of trustees of city’s statistics department); Warner v. Selectmen of Amherst, 326 Mass. 435, 438 (1950) (fire chief).
discussed Cited as authority (rule) Commissioner of the Metropolitan District Commission v. Civil Service Commission
Mass. App. Ct. · 1988 · confidence medium
Just as an employee is relieved of the adverse consequences of a decision to terminate his employment which is induced by fraud, coercion, or duress, see Jones v. Wayland, 374 Mass. 249, 259 (1978), he is relieved of a decision made in reasonable reliance on misinformation received from his employer.
discussed Cited as authority (rule) Hayes v. City of Revere (2×) also: Cited "see"
Mass. App. Ct. · 1987 · confidence medium
Chapter 41, § 11 IF, on the other hand, simply provides that the injured police officer shall be entitled to sick-leave pay for the period of the incapacity, “provided, that no such leave shall be granted ... for any period after a physician designated by the board or officer authorized to appoint police officers ... in such city . . . determines that such incapacity no longer exists.” Relying upon Jones v. Wayland, 4 Mass. App. Ct. 725, 733-734 (1976), S.C., 374 Mass. 249, 257-258 (1978), 380 Mass. 110 (1980), the plaintiff argues that as matter of law, whether a period of incapacity no …
cited Cited as authority (rule) Buckley Nursing Home, Inc. v. Massachusetts Commission Against Discrimination
Mass. App. Ct. · 1985 · confidence medium
It is based on the rationale that if there is to be a ‘windfall,’ such benefit should accrue to the injured party rather than to the wrongdoer.” Jones v. Wayland, 374 Mass. 249, 262 (1978).
cited Cited as authority (rule) Vaughan v. Auditor of Watertown
Mass. App. Ct. · 1985 · confidence medium
Jones v. Wayland, 374 Mass. 249, 252 (1978), S.C., 380 Mass. 110, 111 , 118 & n.12 (1980), dealt with an eye injury to a police officer which occurred at a specific, identifiable time and place.
examined Cited as authority (rule) Delano Growers' Cooperative Winery v. Supreme Wine Co. (3×)
Mass. · 1985 · confidence medium
Jones v. Wayland, 374 Mass. 249, 255 (1978).
cited Cited as authority (rule) Robbins v. Robbins
Mass. App. Ct. · 1983 · confidence medium
See also Wormstead v. Town Manager of Saugus, 366 Mass. 659, 660 (1975); Jones v. Wayland, 374 Mass. 249, 255 (1978).
discussed Cited as authority (rule) Rein v. Town of Marshfield
Mass. App. Ct. · 1983 · confidence medium
As used in the statute, “[t]he term ‘compensation’ encompasses both salary and wages,” Jones v. Wayland, 374 Mass. 249, 256 (1978), 5 and the necessary implication is that the terms “compensation” and “pay” or “salary” are not synonymous.
discussed Cited as authority (rule) Henderson v. D'ANNOLFO DODGE ELECTRICAL CONTR (2×) also: Cited "see"
Mass. App. Ct. · 1983 · confidence medium
Peteros is distinguishable in that under Mass.R.Civ.P. 53(e)(2), 365 Mass. 820 (1974), a judge may now “adopt the report or may modify it or may reject it in whole or in part or may receive Jurther evidence or may recommit it with instructions.” (Emphasis added.) See also Jones v. Wayland, 374 Mass. 249, 255 (1978).
discussed Cited as authority (rule) Hennessey v. Town of Bridgewater (2×) also: Cited "see"
Mass. · 1983 · confidence medium
We have previously held that a police officer’s self-declaration of fitness for “light duty,” Thibeault v. New Bedford, 342 Mass. 552, 554-556 (1961), and voluntary resignation of his position, Jones v. Wayland, 374 Mass. 249, 260 (1978), were effective to trigger a termination of rights under G.
discussed Cited as authority (rule) Bessette v. Bessette
Mass. · 1982 · confidence medium
From this an inference can be drawn that there was no ready market for the stock. “[Wjhere subsidiary findings are reported by the master, both the trial judge and the appellate court are obligated to draw their own inferences from these findings.” Jones v. Wayland, 374 Mass. 249, 255 (1978).
discussed Cited as authority (rule) Politano v. Board of Selectmen
Mass. App. Ct. · 1981 · confidence medium
Wormstead v. Town Manager of Saugus, 366 Mass. 659, 659-661 (1975) (§ 111F, findings by master), and Jones v. Wayland, 374 Mass. 249, 250-251 (1978) (both §§ 85G and 111F, findings by master), each illustrate that the facts concerning a claimant’s eligibility for benefits under the two statutes are those found by the reviewing court based on the evidence before it.
discussed Cited as authority (rule) Hardiman v. Hardiman
Mass. App. Ct. · 1981 · confidence medium
Judgment affirmed. 2 The wife of the plaintiff (the mother of the defendants) was originally a plaintiff, but the action, on her motion, was dismissed as to her. 3 Corporations, the stock of which is owned individually by the sons (a gift from their father), leased the property owned by the trust. 4 The master also stated: “I find that the plaintiff ... is to be permanently enjoined from interfering with the quiet enjoyment of the trust property rented to the taxi co. and the liquor co. [the corporations owned by the sons] . . ..” The judgment enjoined the plaintiff from interfering with t…
discussed Cited as authority (rule) West v. First Agricultural Bank
Mass. · 1981 · confidence medium
P. 53 [e], as amended, 367 Mass. 917 [1975]; Jones v. Wayland, 374 Mass. 249, 255 [1978]; Wormstead v. Town Manager of Saugus, 366 Mass. 659, 660 [1975]), and the legal question is open to dispute, but we think the master was probably correct.
examined Cited as authority (rule) Jones v. Town of Wayland (3×) also: Cited "see"
Mass. · 1980 · confidence medium
Jones v. Wayland, 374 Mass. 249, 255-257 (1978).
cited Cited as authority (rule) Building Erectors, Inc. v. Penn-Simon Construction Corp.
Mass. App. Ct. · 1979 · signal: cf. · confidence medium
Cf. Jones v. Wayland, 374 Mass. 249, 254-255 (1978). 1.
cited Cited "see" Richard W. Gannett v. Richard Neumeier, Morrison Mahoney LLP, Minnesota Lawyers Mutual Insurance Company, Molly Eiden and Mel L. Greenberg
Mass. Super. Ct. · 2024 · signal: see · confidence high
See Jones v. Wayland, 374 Mass. 249, 262 (1978).
discussed Cited "see" Spencer v. Civil Service Commission (2×)
Mass. · 2018 · signal: see · confidence high
See Jones v. Wayland , 374 Mass. 249 , 259-260, 373 N.E.2d 199 (1978), S .
discussed Cited "see" Fitzgerald v. Expressway Sewerage Constraction, Inc. (2×)
1st Cir. · 1999 · signal: see · confidence high
See Jones v. Wayland, 374 Mass. 249, 262 , 373 N.E.2d 199, 207 (1978); Goldstein v. Gontarz, 364 Mass. 800, 809 , 309 N.E.2d 196, 203 (1974).
discussed Cited "see" Fitzgerald v. Expressway Sewerage (2×)
1st Cir. · 1999 · signal: see · confidence high
See Jones v. Wayland, 374 Mass. 249, 262, 373 N.E.2d 199, 207 (1978); Goldstein v. Gontarz, 364 Mass. 800, 809 , 309 N.E.2d 196, 203 (1974).
cited Cited "see" City of Lynn v. Labor Relations Commission
Mass. App. Ct. · 1997 · signal: see · confidence high
See Jones v. Wayland, 374 Mass. 249, 260 (1978); Hennessey v. Bridgewater, 388 Mass. 219, 226 (1983).
discussed Cited "see" Chambers v. Lemuel Shattuck Hospital
Mass. App. Ct. · 1996 · signal: see · confidence high
See Jones v. Wayland, 374 Mass. 249, 260 (1978) (payments to a police officer under G.
discussed Cited "see" Ulwick v. Massachusetts Insurers Insolvency Fund (2×)
Mass. · 1994 · signal: see · confidence high
See Jones v. Wayland, 374 Mass. 249, 261-262 (1978).
cited Cited "see" Willis v. Board of Selectmen of Easton
Mass. · 1989 · signal: see · confidence high
See Jones v. Wayland, 374 Mass. 249, 255 (1978), S.C., 380 Mass. 110 (1980).
cited Cited "see" Blair v. Board of Selectmen
Mass. App. Ct. · 1988 · signal: see · confidence high
See Jones v. Wayland, 374 Mass. 249, 254-261 (1978), S.C., 380 Mass. 110 (1980).
discussed Cited "see" Scofield v. Berman & Sons, Inc. (2×)
Mass. · 1984 · signal: see · confidence high
See Jones v. Wayland, 374 Mass. 249 , 252 n.3 (1978).
cited Cited "see" Pollock v. Marshall
Mass. · 1984 · signal: see · confidence high
See Jones v. Wayland, 374 Mass. 249, 254-255 (1978), S.C., 380 Mass. 110 (1980).
cited Cited "see" Ferry v. Powers
Mass. App. Ct. · 1982 · signal: see · confidence high
See Jones v. Wayland, 4 Mass. App. Ct. 725, 726-729, 737 (1976), S.C. 374 Mass. 249, 254, 263 (1978).
cited Cited "see" Ross v. Ross
Mass. · 1982 · signal: see · confidence high
See Jones v. Wayland, 374 Mass. 249, 255 (1978); Hardiman v. Hardiman, 11 Mass. App. Ct. 626, 628 (1981).
Retrieving the full opinion text from the archive…
David K. Jones vs. Town of Wayland
Massachusetts Supreme Judicial Court.
Jan 18, 1978.
373 N.E.2d 199
Robert S. Wolfe for the plaintiff., C. Peter R. Gossels for the defendant.
Hennessey, Quirico, Braucher, Wilkins, Abrams.
Cited by 75 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 88%
Citer courts: Massachusetts Supreme Judicial… (1)
Abrams, J.

The plaintiff, David K. Jones (Jones), brought an action pursuant to G. L. c. 231 A, § 1, seeking a declaration that he is entitled to compensation from the defendant town of Wayland (Wayland), under G. L. c. 41, § 11 IF, as appearing in St. 1964, c. 149, [2] as a police officer “incapacitated for duty because of injury sustained in the performance of his duty without fault of his own.”

As ordered by a judge of the Superior Court, hearings were held before a master. The order of reference to the master did not require him to report evidence except as necessary for consideration of questions of law. The master con-[*251] eluded that the plaintiff was entitled to recover compensation under the statute from the date of his injury to the date of the expiration of his appointment. On September 24, 1973, the plaintiff moved to confirm the master’s report and for entry of a final decree. The defendant then filed its objections to the master’s report as required by former Rule 90 of the Superior Court and moved for recommittal to the master for the purpose of furnishing an “accurate and fair summary of so much of the evidence as shall be necessary to enable the Court to determine the questions of law [raised by the defendant’s objections].” The motion was allowed, and the report of the master on recommittal was filed on December 3, 1973. On January 10, 1975, the Superior Court judge filed an opinion based on his adoption of the master’s subsidiary findings and on additional evidence presented in the Superior Court. On March 20, 1975, he declared the rights of the parties and ordered the entry of judgment for the plaintiff. The defendant noted its appeal on March 28, 1975.

On December 28, 1976, the Appeals Court reversed the judgment of the Superior Court judge and ordered the cause remanded “for a redetermination of the net amount of the town’s liability (if any) to the plaintiff.” Jones v. Wayland, 4 Mass. App. Ct. 725, 737 (1976). We granted the plaintiff’s application for further appellate review. Since we are in substantial agreement with the Appeals Court, we reverse the judgment of the Superior Court, and we remand the case for further proceedings consistent with the views expressed herein.

The relevant facts, as recounted by the master in his subsidiary findings which were adopted by the trial judge, are as follows. On October 29, 1970, the plaintiff was appointed a special police officer by Wayland for a term expiring on April 30, 1971. He was paid at the rate of $3.70 an hour for an eight-hour day. His duties were similar to those performed by regular police officers: cruiser patrol, traffic direction, and appeance in court for the purpose of giving[*252] testimony. He was issued a uniform, badge, and service revolver, and he was authorized to make arrests.

On November 30, 1970, while responding to a call, Jones was struck on the left temple area by a nineteen-ounce stone which had entered the driver’s window of the cruiser. Although stunned and dazed, Jones appeared well. As required by departmental regulation, he filled out an accident report. Jones was taken to Leonard Morse Hospital in Natick where he was examined, but not treated, by the designated town physician. See G. L. c. 41, § 11 IF. He was thereafter driven by police cruiser to his home. The physician, Dr. Kim, decided that Jones’s period of incapacity was of one day’s duration.

When he awoke the next day, Jones discovered that he could not see from his left eye; he was dizzy and experienced sharp pain in that general area. On December 4, 1970, he was referred by Dr. Kim to an ophthalmologist, Dr. Green-berg. Dr. Greenberg prescribed no treatment, and he determined that Jones was not incapacitated. The master and the judge found that Dr. Greenberg’s findings were inconclusive on the possible existence of hysterical amblyopia. The chief of police arranged for Jones to be examined by a Dr. Lessell on December 5, 1970. Dr. Lessell diagnosed the injury as a possibly damaged optic nerve; he concluded that nothing further need be done. Jones returned to police duty; however, he was unable to perform his official functions with the same ability as before the injury. He therefore requested from the chief of police a leave of absence for reason of disability. The request was denied. Jones attempted thereafter to discharge his official responsibilities, but was unable to do so. On March 4,1971, he tendered his resignation to the board of selectmen. The resignation read in part: “Due to circumstances and incidents which have occurred during and after my active duty as an officer, I feel as though my resignation is in the best interest of the town of Wayland.” [3] The board on March 15, 1971, voted to accept[*253] the resignation, with the understanding that it would not “affect or jeopardize any claim now under consideration for the period during which [Jones] acted as an officer for the Town.”

Jones gave notice in writing on January 21, 1971, to the Insurance Company of North America of his claim under a group health and accident policy carried by Wayland for the benefit of its employees. He received $6,000 in compensation in addition to payments made for medical expenses.

Dr. Lamont, an optometrist who had examined Jones periodically for ten years prior to the injury, examined him on September 28, 1971, and determined that Jones’s vision had deteriorated to the extent that he had lost 95 % of the vision in his left eye and that there was no useful acuity in that eye. Jones was also examined by Dr. Anderson, a neurologist, who found that Jones was suffering from post-traumatic hysterical amblyopia which was causally related to the November 30, 1970, injury and which could continue indefinitely. Dr. Weiss, a psychiatrist, confirmed this diagnosis; Dr. Weiss did not, however, examine Jones. Both agreed that existence of the condition rendered Jones incapacitated for the performance of regular police duty.

After conducting a supplementary fact-finding proceeding pursuant to Mass. R. Civ. P. 53 (e) (2), 365 Mass. 817 (1974), the judge found that the only doctor “designated” by Wayland was Dr. Kim; that Dr. Kim determined the period of incapacity to be one day only; that Dr. Kim’s findings were restricted to physical aspects of the injury, as he was not qualified to determine the extent of psychic in[*254] capacity; that from the day immediately following the physical injury Jones has had a loss of vision brought about by psychic causes; and that no doctor designated by the town has found this loss of vision no longer to exist.

After making these factual findings, the Superior Court judge in his order for judgment stated his ultimate findings and declared the rights of the parties. He found that Jones was a “police officer” who was “incapacitated for duty because of injury sustained in the performance of his duty without fault of his own.” G. L. c. 41, § 111F. He further found that c. 41, § 11 IF, imposes a mandatory duty on Wayland to grant the plaintiff leave without loss of pay from the date on which the incapacity was incurred until the plaintiff retired, or was pensioned, or until the incapacity was found by a designated physician no longer to exist. The judge found that none of these contingencies had in fact occurred and ordered that payment be made in the amount of $31,693, plus uncompounded interest for the period beginning with the date of the injury, November 30, 1970, and ending January 27, 1975. He also ordered that further payments be made until Jones retires, is pensioned, or is found not to be incapacitated any longer. [4] It was from these findings and order for judgment that Wayland appealed to the Appeals Court.

1. Scope of Review.

The defendant has raised numerous arguments relating to the sufficiency of the evidence on which the master’s findings were based. The order of referral to the master, dated January 31, 1973, did not direct the master to report the evidence. Nevertheless, the master reported his subsidiary findings on which his general findings (conclusions) were based. The Superior Court judge adopted these subsidiary findings. In addition, he found it necessary to receive addi[*255] tional evidence, and his ultimate findings were based on the master’s findings and the evidence which was so received. In such a situation, the master’s subsidiary findings are open to attack only on the basis that they are clearly erroneous. Mass. R. Civ. P. 53 (e) (2). [5] However, even where the subsidiary findings are not clearly erroneous, the presiding judge may nonetheless reach his own ultimate conclusions. J.W. Smith & H.B. Zobel, Rules Practice § 53.11 (1977). Indeed, where subsidiary findings are reported by the master, both the trial judge and the appellate court are obligated to draw their own inferences from these findings. Wormstead v. Town Manager of Saugus, 366 Mass. 659, 660 (1975). Although we are thus empowered to reach our own ultimate conclusions from the master’s subsidiary findings, the master’s findings will not be disturbed unless clearly erroneous. Most of Wayland’s contentions relate to the sufficiency of the evidence on which those subsidiary findings were based. Uniformly, they are not clearly erroneous and, except as hereinafter discussed, Wayland’s arguments are not grounds for reversal.

2. Scope of Term “Police Officer.

General Laws c. 41, § 11 IF, provides that “[wjhenever a police officer ... is incapacitated for duty because of injury sustained in the performance of his duty without fault of his own, ... he shall be granted leave without loss of pay for the period of such incapacity.” Wayland contends that the statute applies only to “regular” police officers and, there[*256] fore, because Jones was hired as a “special” police officer, he is ineligible for the statutory benefits.

We disagree. The terms of the statute do not lend themselves to so restrictive a reading. There are numerous instances in the General Laws where the term “police officer” has been qualified by antecedents such as, inter alia, “regular,” “permanent,” and “full-time.” We refer to the opinion of the Appeals Court which enumerates those statutes wherein the term “police officer” is thus qualified. See Jones v. Wayland, 4 Mass. App. Ct. 725, 730-731 (1976). We think the absence of any similar restrictive term in § 11 IF is significant.

We also note that the statute provides that “[a]ll amounts payable under this section . . . shall be deemed to be the regular compensation of such police officer” (emphasis added). Regular police officers are ordinarily paid an annual salary, see G. L. c. 40, § 21 A, and c. 41, § 108A; special police officers are paid an hourly wage for work actually performed. The term “compensation” encompasses both salary and wages. Thus, the equating of statutory benefits with “compensation” strengthens our conclusion that § 111F applies to both regular and special police officers.

Moreover, we have previously found eligible under § 11 IF an off-duty police officer who was directing traffic for and was paid by a private contractor, Yates v. Salem, 342 Mass. 460 (1961), and a probationary police officer, Thibeault v. New Bedford, 342 Mass. 552 (1961). The statutory protection extends to any officer obligated to perform his duty in accordance with the law. Yates v. Salem, supra at 461. As Jones was such a police officer, he is eligible for benefits under § 111F, providing, of course, that he meets the remaining statutory requirements.

Wayland argues that the General Laws express a clear preference for the employment of full time regular police officers in lieu of special police officers and that such a legislative policy would be effectuated best by denying § 11 IF benefits to special police officers. Assuming for the moment the correctness of Wayland’s proposition that there exists[*257] such a statutory preference, [6] it would seem that the objective of encouraging the cities and towns to hire regular police officers would be furthered by holding towns liable under § 111F for injuries to special police officers, not by relieving them from liability. Therefore, we can perceive no valid policy reason for excluding special police officers from the scope of § 11 IF.

3. Factors Operating to Terminate § 111F Benefits.

After taking additional evidence, the Superior Court judge found that Dr. Kim was the only physician designated by the board of selectmen to examine police officers injured while discharging their official functions. Dr. Kim examined Jones on the date of the injury and determined that the injury was trivial in nature and that Jones’s incapacity existed for that day only. However, it was not until the next day that the symptoms of hysterical amblyopia, a psychic rather than a physical disorder, manifested themselves. This condition was found to render Jones incapacitated for the performance of his duties as a policeman. Dr. Kim did not diagnose this condition, nor did he examine Jones after the diagnosis was formulated. From the date of the injury onward, no physician designated by Wayland determined that this incapacity had terminated. The record amply supports the findings that Dr. Kim was the only doctor designated by the board of selectmen to determine that “such incapacity no longer exists” and that he made no such determination after Jones was diagnosed as suffering from hysterical amblyopia.

[*258] We do not think that Dr. Kim’s original determination of the length of incapacity should foreclose Jones’s further recovery under the statute. From a sheer policy perspective, the statutory benefits should extend to service-related incapacities which appear subsequent to the date of the original injury, even where, as here, the officer returns to duty thinking that he is fully recovered. Dr. Kim, even had he attempted to do so, was not medically qualified to determine that the hysterical amblyopia had abated, as indicated by the facts that he referred the patient to an ophthalmologist and that he himself was unable to determine the cause of the vision loss. [7]

In essence, Wayland’s argument is an attack on the sufficiency of the showing of a causal nexus between the physical injury and the subsequent hysterical amblyopia. We believe that the master’s finding on this issue as adopted by the trial judge is adequately supported by the portions of the record appropriately before us.

An optometrist who had examined Jones periodically for ten years prior to the injury and who examined him on September 28, 1971, testified before the master. His testimony, which was based on tests conducted by him, tended to show that Jones experienced a 95% loss of vision in his left eye, that he was unable to count fingers at any distance, and that he was not malingering.

An additional witness, a neurologist who examined Jones on March 27, 1973, testified to the effect that Jones could not see anything with his left eye beyond counting fingers held no more than one foot away. On the basis of the information related to the neurologist by the patient and the case history as disclosed by the medical records pertaining to the[*259] injury, he concluded that Jones was suffering from post-traumatic hysterical amblyopia and was therefore incapable of performing the normal duties of a police officer.

On the basis of the foregoing, the trial judge properly found that Jones was “incapacitated for duty because of injury sustained in the performance of his duty without fault of his own.” Though we think incorrect Wayland’s assertion that the only testimony connecting the loss of vision with the original physical injury was offered by Jones himself, we note at any rate that the plaintiff’s testimony is relevant and competent on that issue and that “[tjhere is no rule of law that such causal connection must be shown by expert testimony alone.” Votour v. Medford, 335 Mass. 403, 406 (1957), quoting from McAuliffe v. Metcalfe, 289 Mass. 67, 69 (1935).

4. The Resignation.

The master and the Superior Court judge found as fact that Jones submitted his resignation as a special police officer to the board of selectmen on March 4,1971, and that the board of selectmen accepted the resignation on March 15, 1971, subject to the proviso that it would not “affect or jeopardize any claim now under consideration for the period during which [Jones] acted as an officer for the Town.” As has been stated, these findings are fully supported by the record. The Superior Court judge ruled that Jones’s right to continued payments under § 11 IF was unaffected by the acceptance of his resignation. [8] We take a different view regarding the effect of his resignation.

Absent a showing of fraud, coercion, or duress, none of which is present here, any public employee may terminate his or her employment by tendering a resignation. Campbell v. Boston, 337 Mass. 676 (1958). “A complete resignation, as was the instant one, after acceptance, operates to sever the officer from the office.” Warner v. Selectmen of [*260] Amherst, 326 Mass. 435, 439 (1950). The wages of a public employee are an incident of employment, and abandonment of the position has the same effect as would the breach of a contract to render personal services: it bars the employee from recovering unearned wages. Bell v. Treasurer of Cambridge, 310 Mass. 484 (1941). See Branche v. Fitchburg, 306 Mass. 613 (1940); Ladd v. Newburyport, 232 Mass. 570 (1919). Similarly, the payments to a police officer under § 111F, which are to be paid “at the same times and in the same manner as . . . the regular compensation of such police officer” (emphasis added), G. L. c. 41, § 11 IF, are incidents of his employment and are contingent on the continued employment of the officer. We therefore conclude that the acceptance of Jones’s resignation by the board of selectmen operated to terminate his right to continued compensation under § 11 IF.

Moreover, under G. L. c. 41, § 111F, an injured officer is granted a leave of absence without loss of pay until such time as the officer is no longer disabled or until such time as the officer is required to leave his or her employment, either by retirement or by pension. We think the legislative scheme is designed to afford some protection to a disabled officer pending recovery or pending a severance from employment due to factors beyond the officer’s personal control, i. e., retirement or pension. Read in this light the statute operates to terminate benefits once it is clear that the injured person will no longer continue service as an active police officer or fire fighter. Thus, the statute looks to a resumption of duties as soon as the incapacity ends. A voluntary resignation, on the other hand, negates any thought that duties will be resumed. Therefore we think that a voluntary resignation should have the same consequences under the statute as the termination of service by retirement or pension. Hence, we conclude that on its acceptance a voluntary resignation terminates all benefits under G. L. c. 41, § 111F. [9]

[*261] Jones argues, however, that since the board accepted his resignation subject to the condition that it would not jeopardize any claims which he had against the town, payment of § 11 IF benefits should continue notwithstanding his resignation. We think, however, that the proviso, when fairly read, was intended only to preserve Jones’s claims [10] and not to extend Wayland’s liability under § 11 IF.

5. Effect of Insurance Payments.

Jones made a claim under a group health and accident insurance policy maintained by Wayland. The insurer paid him $6,000 “in addition to medical expenses.” There were three separate coverages under the policy which are relevant here: (1) payment for loss of sight; (2) a weekly indemnity for every week the claimant is “unable to perform every duty pertaining to his occupation”; and (3) medical expenses. [11] Wayland argues that the payment received under this policy should be deducted from any amount for which Wayland is found liable to Jones under § 111F. Wayland, however, is not obligated under § 11 IF to compensate Jones for loss of sight or medical expenses. Thus, the issue concerning the computation of damages is whether the portion, if any, of the policy payment allocable to indemnity may be deducted from the amount which Wayland must pay to Jones as compensation under § 11 IF.

[*262] As a general rule, a tortfeasor’s liability to an injured person shall not be reduced by the amount of compensation received by the injured person pursuant to an insurance policy. 22 Am. Jur.2d Damages § 206 (1965). Commonly referred to as the “collateral source rule,” the doctrine requires that “the damages . . . must be paid by one who has caused the insured’s disability.” Shea v. Rettie, 287 Mass. 454, 458 (1934). It is based on the rationale that if there is to be a “windfall,” such benefit should accrue to the injured party rather than to the wrongdoer. Annot., 11 A.L.R.3d 1115, 1116 (1967). 22 Am. Jur.2d Damages § 206 (1965). Where, as here, the party found liable is not responsible for the injury, the rule would appear to be inapplicable. Moreover, the rule is not applicable when the party found liable has itself established a fund to be drawn on in the event of its liability to another person. Cf. Yarrington v. Thornburg, 58 Del. 152 (1964). Indeed, Wayland most likely acquired such coverage with a view toward possible liability under § 11 IF. It should not be penalized for its foresight.

Although the Superior Court judge properly did not consider in his computation of damages any amounts paid under the policy for medical expenses or loss of sight, we conclude that he erred when he did not reduce Wayland’s liability by the amount paid under the policy to Jones as an indemnity for the period during which he was “unable to perform every duty pertaining to his occupation.” On remand, the Superior Court judge should determine how much, if any, of the $6,000 insurance payment was paid in connection with the partial disability coverage under the health and accident policy.

In sum, Wayland is obligated under § 11 IF to make payments to Jones for the period from November 30, 1970, the date of the injury, to March 15,1971, the date of the acceptance of Jones’s resignation. However, any amount of the $6,000 paid under the insurance policy which is allocable to[*263] indemnity is to be deducted from Jones’s recovery under § 111F. [12]

As the Appeals Court correctly observed, the defendant included extensive material in the record appendix, which was not properly a part of the record in this proceeding. See Jones v. Wayland, 4 Mass. App. Ct. 725, 727-729 (1976). We think that the inclusion of such an excessive amount of unnecessary material mandates an order that no costs be taxed against the plaintiff. Mass. R. A. P. 26 (a), 365 Mass. 873 (1974). Cf. Denman v. County of Barnstable, 346 Mass. 412, 415 (1963), cert, denied, 377 U.S. 948 (1964).

Accordingly, the judgment of the Superior Court is reversed, and the case is remanded to the Superior Court for further proceedings not inconsistent with this opinion.

So ordered.

2

“Whenever a police officer or fire fighter of a city, town, or fire or water district is incapacitated for duty because of injury sustained in the performance of his duty without fault of his own, or a police officer or fire fighter assigned to special duty by his superior officer, whether or not he is paid for such special duty by the city or town, is so incapacitated because of injuries so sustained, he shall be granted leave without loss of pay for the period of such incapacity; provided, that no such leave shall be granted for any period after such police officer or fire fighter has been retired or pensioned in accordance with law or for any period after a physician designated by the board or officer authorized to appoint police officers or fire fighters in such city, town or district determines that such incapacity no longer exists. All amounts payable under this section shall be paid at the same times and in the same manner as, and for all purposes shall be deemed to be, the regular compensation of such police officer or fire fighter. This section shall also apply to any member of a fire department who is subject to the provisions of chapter one hundred and fifty-two if he is injured at a fire and if he waives the provisions of said chapter.”

3

No issue concerning the voluntariness of the resignation was argued before this court. Jones devotes one sentence of his brief to a suggestion that the resignation was induced “by certain selectmen . . . [and] by bad[*253] feelings between the Chief and the plaintiff.” This assertion, unsupported by any record references, is insufficient to present the issue of voluntariness to this court. Mass. R. A. P. 16 (b), 365 Mass. 860 (1974). Moreover, according to the record properly before us, this issue was not raised at the master’s hearing or in the Superior Court, and there were no findings by the master or by the Superior Court judge as to involuntariness. “The theory of law on which by assent a case is tried cannot be disregarded when the case comes before an appellate court for review of the acts of the trial judge.” Kagan v. Levenson, 334 Mass. 100, 106 (1956), quoting from Santa Maria v. Trotto, 297 Mass. 442, 447 (1937).

4

The judge’s rulings coincide to a substantial degree with the ultimate findings of the master. The master found, however, that § 111F payments should terminate on April 30, 1971, the date on which Jones’s appointment as a special police officer expired.

5

Although the proceeding before the master antedated the effective date of the Massachusetts Rules of Civil Procedure, proceedings in the trial court were pending when the new rules became effective. Thus, they were governed by standards set out therein. See Mass. R. Civ. P. Transitional Rule 1A (5), 365 Mass. 731 (1974). At any rate, the standard, though different in its terminology, is essentially identical to that under former practice: the master’s findings of fact are binding unless “mutually inconsistent, contradictory, plainly wrong or vitiated in view of the controlling law.” See Wormstead v. Town Manager of Saugus, 366 Mass. 659, 660 (1975), quoting from Selectmen of Hatfield v. Garvey, 362 Mass. 821, 825 (1973).

6

Wayland arrives at this conclusion because of the extensive protections afforded regular policemen by the General Laws, see, e.g., G. L. c. 40, § 21A; c. 41, §§ 96B, 108A, and 108C; c. 31, § 48, and the absence of similar benefits for special police officers.

Citing Wormstead v. Town Manager of Saugus, 366 Mass. 659,663 n.5 (1975), Wayland argues that § 111F was enacted to fill a gap in the Massachusetts workmen’s compensation law and that the enactment of St. 1951, c. 109, § 1, which amended G. L. c. 152, § 1, had already filled that void in so far as special police officers are concerned. However, the coverage of said § 1 provides only that a special police officer who is being paid by a private contractor and is working for him shall be considered the employee of that contractor for purposes of c. 152.

7

Neither the fact that Dr. Kim was unable to diagnose the hysterical amblyopia nor the fact that Dr. Kim found no further incapacitating injury disqualifies Jones from receiving § 111F benefits. While the determination that the incapacity no longer exists must be made by a designated physician, the finding of incapacity itself may be made by any qualified doctor.

8

Bell v. Treasurer of Cambridge, 310 Mass. 484 (1941), was not brought to the attention of the Superior Court judge or the Appeals Court by Wayland’s counsel. He did, however, bring the case to our attention.

9

Thus we need not reach the issue of the effect of the expiration in April, 1971, of Jones’s appointment as a special police officer of Wayland.

10

The record indicates that Jones had filed a claim under a group health and accident policy maintained by Wayland, see part 5, infra, in January, 1971. In addition, Wayland concedes that Jones probably has a claim for disability retirement under G. L. c. 32, § 85H. From the record appropriately before us, it is most likely that the proviso accompanying the acceptance of Jones’s resignation referred to these claims.

11

In its answer, Wayland alleged that Jones received from the insurer a sum certain in addition to medical expenses and that the master found this allegation correct. At a proceeding before the Superior Court judge, Way-land offered the group insurance policy; although it was marked for identification purposes, it was not admitted in evidence. Wayland duly noted its exception. Additionally, it requested a ruling that any amount owing under § 111F be reduced by any recovery had under the terms of the policy. Such request for ruling was not acted on by the trial judge. We consider the insurance contract as properly before us.

12

The amount paid Jones for wages during the period covered by § 111F should also be deducted from the payment to be made under § 111F.