Papanastassiou's Case, 284 N.E.2d 598 (Mass. 1972). · Go Syfert
Papanastassiou's Case, 284 N.E.2d 598 (Mass. 1972). Cases Citing This Book View Copy Cite
37 citation events (10 in the last 25 years) across 9 distinct courts.
Strongest positive: Tran v. DAVE'S ELEC. CO. INC. (moctapp, 2011-11-15)
Treatment trajectory · 1974 → 2026 · click a year to view as-of
1974 2000 2026
Top citers, strongest first. 14 distinct citers. How cited ↗
discussed Cited as authority (rule) Tran v. DAVE'S ELEC. CO. INC. (2×)
Mo. Ct. App. · 2011 · confidence medium
Co., 104 Or.App. 724 , 803 P.2d 275, 277 (1990) ("special errand” exception applied where, in the absence of supervisor, employee "had the authority to decide when it was necessary to work outside his regular hours”); Johnson v. Fairbanks Clinic, 647 P.2d 592, 595 (Alaska 1982) (physician, who traveled to hospital on weekend for pre-surgery consultation with patient, was acting at the "implied request” of employer where, in physician’s professional judgment, "it was necessary for him to visit the patient that day so that the surgery could be performed on Monday”); In re Papanastassio…
discussed Cited as authority (rule) Haslam's Case (2×) also: Cited "see"
Mass. · 2008 · confidence medium
Similarly, in Papanas-tassiou’s Case, 362 Mass. 91, 94 (1972), the dependents of a research scientist were compensated for injuries he sustained in a car accident while returning to work, outside of his usual hours, to complete an experiment.
discussed Cited as authority (rule) Lord v. Panaro
Mass. Super. Ct. · 2001 · confidence medium
Instead, the court evaluates all aspects of Panaro’s employment, including “the nature, conditions, obligations or incidents of the employment.” Swasey’s Case, 8 Mass.App.Ct. 489, 493 (1979), quoting Papanastassiou's Case, 362 Mass. 91, 93 (1972).
discussed Cited as authority (rule) Domingo v. Town of Wellesley
Mass. App. Ct. · 1998 · confidence medium
The court noted that “[t]he construction of [that clause] is settled law: ‘An injury arises out of the employment if it arises out of the nature, conditions, obligations or incidents of the employment; in other words, out of the employment looked at in any of its aspects.’ ” Id. at 664 , quoting from Papanastassiou’s Case, 362 Mass. 91, 93 (1972).
discussed Cited as authority (rule) Santo Domingo v. Town of Wellesley
Mass. Super. Ct. · 1993 · confidence medium
The sole issue presented in the parties’ cross-motions for summary judgment is whether the injuries allegedly suffered by the plaintiff were sustained in the performance of his duties as a firefighter, such that they are compensable pursuant to G.L.c. 41, §11 IF. 1 It is well settled that “[a]n injury arises out of the employment if it arises out of the nature, conditions, obligations or incidents of the employment; in other words, out of the employment looked at in any of its aspects.” Wormstead v. Town Manager of Saugus, 366 Mass. 659, 664 (1975), quoting Papanastassiou’s Case, 362 …
discussed Cited as authority (rule) Emory v. Miller (2×)
D.R.I. · 1992 · confidence medium
When an employee is injured in transit,' the Massachusetts courts ask whether employment “impelled the employee to make the trip.” Papanastassiou’s Case, 362 Mass, at 93, 284 N.E.2d 598 ; Frassa, 22 Mass.App.Ct. at 110 , 491 N.E.2d 657 ; Swasey’s Case, 8 Mass.App.Ct. at 494 , 395 N.E.2d 884 ; see also Mandell’s Case, 322 Mass. 328, 330-31 , 77 N.E.2d 308 (1948).
discussed Cited as authority (rule) McElroy's Case
Mass. · 1986 · confidence medium
Papanastassiou’s Case, 362 Mass. 91, 93 (1972) (chemist returning to laboratory to check test results engaged in business affairs or undertakings of his employer).
cited Cited as authority (rule) Maguire's Case
Mass. App. Ct. · 1983 · confidence medium
Papanastassiou’s Case, 362 Mass. 91, 93 (1972).
discussed Cited as authority (rule) Allen v. Board of Selectmen of Weymouth
Mass. App. Ct. · 1983 · confidence medium
Whether Sergeant Allen’s accident occurred “in the performance of his duties,” under the principles of the Wormstead case (at 664) is to be determined on the basis of his “employment in all of its aspects,” including the “nature, conditions, obligations or incidents of the employment.” Swasey’s Case, 8 Mass. App. Ct. 489, 493-494 (1979), quoting Papanastassiou’s Case, 362 Mass. 91, 93 (1972).
discussed Cited as authority (rule) Johnson v. Fairbanks Clinic
Alaska · 1982 · confidence medium
The instant case is thus clearly distinguishable from cases ... where the employees were merely going to or coming from the places of business of their employers. 284 N.E.2d at 600-01 (emphasis added).
discussed Cited as authority (rule) Swasey's Case (2×)
Mass. App. Ct. · 1979 · confidence medium
The insurer relies upon Wormstead v. Town Manager of Saugus, 366 Mass. 659, 664 (1975), for the proposition that the rule must be here applied because Swasey did not demonstrate that his "injury occurred during a period (1) for which he was being paid, (2) when he was on call, and (3) while he was engaged in activities consistent with and helpful to the accomplishment of [the functions of his employment].” Wormstead does not restrict our focus to those "factors” in reviewing the nature of Swasey’s employment; indeed, it specifically holds that we must "look at the plaintiffs employment i…
examined Cited as authority (rule) Wormstead v. Town Manager of Saugus (3×) also: Cited "see"
Mass. · 1975 · confidence medium
L.c. 152. 5 *664 The construction of the “arising out of’ clause is settled law: “An injury arises out of the employment if it arises out of the nature, conditions, obligations or incidents of the employment; in other words, out of the employment looked at in any of its aspects.” Papanastassiou’s Case, 362 Mass. 91, 93 (1972), quoting Caswell’s Case, 305 Mass. 500, 502 (1940), and Bator’s Case, 338 Mass. 104, 106 (1958).
discussed Cited "see" Bagge's Case (2×) also: Cited "see, e.g."
Mass. · 1975 · signal: see · confidence high
See Papanastassiou’s Case, 362 Mass. 91 (1972); Chin's Case, 357 Mass. 772 (1970); Taylor’s Case, 355 Mass. 797 (1969); Bosenquet’s Case, 353 Mass. 364 (1967) ; Lauble’s Case, 341 Mass. 520 (1960); Henderson’s Case, 333 Mass. 491 (1956).
cited Cited "see, e.g." Frassa v. Caulfield
Mass. App. Ct. · 1986 · signal: compare · confidence medium
Compare Papanastas-siou’s Case, 362 Mass. 91, 93-94 (1972).
Retrieving the full opinion text from the archive…
Zinon Papanastassiou’s (Dependents’) Case
Massachusetts Supreme Judicial Court.
Jun 5, 1972.
284 N.E.2d 598
Thomas A. L’Esperance, Jr., for the insurer., Charles T. Johnson for the claimants.
Tauro, Spiegel, Reardon, Braucher, Hennessey.
Cited by 18 opinions  |  Published
Tauro, C.J.

This is an appeal by the insurer from a final decree of the Superior Court awarding compensation to the deceased employee’s dependents under the Workmen’s Compensation Act, G. L. c. 152. The decree was in accordance with the decision of the reviewing board which had affirmed and adopted the findings and decision of the single member. “On judicial review the decision of the board must be accepted as final, if supported by the evidence and not tainted by error of law.” Haley’s Case, 356 Mass. 678, 680.

The employee died on June 4, 1968, from personal injuries sustained in an automobile accident which oc[*92] curred on June 3, 1968, about 10:20 P.M. while driving from his home to his place of employment. The insurer contends that the employee’s injuries did not arise “out of and in the course of his employment, or . . . out of an ordinary risk of the street while actually engaged, with his employer’s authorization, in the business affairs or undertakings of his employer.” G. L. c. 152, § 26. The insurer further contends that even if the injuries incurred were within the coverage of the act, the claimants did not sustain the burden of proof to permit recovery under G. L. c. 152, §36 (d), (h), (i), (n) and (t). [1] The single member found that the injuries and death arose out of and in the course of employment and were compensable under the act. His decision was upheld by the reviewing board and by a judge of the Superior Court.

We summarize the pertinent evidence. The decedent was employed as a senior research chemist by Arthur D. Little, Inc., as a salaried employee with usual working hours from 8:30 A.M. to 5:30 P.M. “[H]e was free, as were other company professionals, to go and come as he felt necessary. His professional status with the company included delegation to him of responsibility and it was expected of him that his professional performance would be to do whatever was necessary to be done. He was free to enter the assured’s premises nights or weekends.” On the day of the accident, the decedent began two experiments at the employer’s premises, a bromination experiment and a hydrogenation experiment. The hydrogenation experiment required periodic readings, and the decedent had told his assistant that “[I] may come back . . . [this] evening or . . . [I] may wait until morning.” An after-hours logbook indicated that the decedent occasionally worked at night and on weekends[*93] and holidays. The decedent used his own car without reimbursement when he used various university libraries for his research. Other employees in the decedent’s position would not usually request reimbursement in these situations.

1. The evidence was sufficient to support a finding that the employee’s injuries which led to his death arose out of and in the course of his employment. In interpreting this State’s workmen’s compensation law, we have said: “An injury arises out of the employment if it arises out of the nature, conditions, obligations or incidents of the employment; in other words, out of the employment looked at in any of its aspects.” Caswell’s Case, 305 Mass. 500, 502. Bator’s Case, 338 Mass. 104, 106. The insurer in the instant case argues that there was no emergency or urgency requiring the decedent to return to the laboratory. This, however, is not the test of whether the injury was one arising out of the decedent’s employment. The statute does not make such a test. It requires only that the employee be involved in the “business affairs or undertakings of his employer.” G. L. c. 152, § 26.

“Although each case must be decided on its [own] facts, where it appears that it was the employment which impelled the employee to make the trip, the risk of the trip is a hazard of the employment.” Caron’s Case, 351 Mass. 406, 409. Upon the facts presented here, we believe a finding was warranted that the decedent’s employment “impelled” him to make the trip which ultimately led to his death. The decedent was a research chemist and was employed to conduct experiments and, as an incident thereto, he was required to do whatever he judged necessary to assure the success of his experiments. Although a salaried employee, in carrying out his duties, he was free to come and go as he pleased, and he had his employer’s authorization to conduct work outside of the standard working hours. On the day of the accident the decedent had not completed a particular experiment within the standard working hours, and in[*94] the exercise of his professional judgment, in order to achieve a successful result, he decided to return to complete the experiment after hours in the evening rather than to wait for the start of the next working day. Since the trip to the laboratory was in fulfilment of the decedent’s obligations to his employer and otherwise in accordance with the terms of his employment, it follows that he was on an “undertaking” of his employer. The instant case is thus clearly distinguishable from cases such as Chernick’s Case, 286 Mass. 168, Smith’s Case, 326 Mass. 160, Collier’s Case, 331 Mass. 374, and Gwaltney’s. Case, 355 Mass. 333, where the employees were merely going to or coming from the places of business of their employers.

2. There was ample evidence to permit recovery under G. L. c. 152, § 36 (d), (h) and (i). The allowance of recovery under (n) and (t) indicates that the functional loss was considered permanent; it should have been awarded under (q). See Lauble’s Case, 341 Mass. 520, 522-524. A specialist in neurosurgery testified for the claimants as to the extent of the decedent’s injuries. The insurer called no medical witnesses. The doctor testified that he felt the decedent “had a mid-brain injury, . . . that. . . he . . . may have [had] a fracture dislocation of . . . [the] cervical spine.” He further testified that “[h]e had a compound fracture of the tibia, fibula, a fracture of the femur.” It was his opinion that if the decedent “had lived, he would never have regained the effective use of his upper extremities or lower extremities. . . . [H]e would never have been able to use his arms or hands for effective work, nor would he have been able to walk . . . speech probably would have been impossible.” There was further testimony that the decedent would have suffered double vision if he regained consciousness. He also “would have probably lost bladder and bowel control, as well as sexual functions.” On cross-examination, the doctor testified that his opinion as to “a fractured cervical spine” was based on his “own clinical experience.” He further testified that the ex[*95] tent of loss of bodily functions was based on his assuming an injury to the midbrain which was his “clinical diagnosis,” and that the only way of “conclusively” demonstrating that' fact would be by an autopsy which was not performed. The findings that the decedent “would not have had the use of his upper or lower extremities, speech would have been impossible, vision . . . would have . . . [been] double . . . with his eyes disbalanced; this also would be disfiguring” were supported by the evidence. The findings were based “on testimony of probabilities but not on conjecture or speculation.” Lauble’s Case, swpra, at 522. No more was required. There was no error.

Decree affirmed.

1

The payments were ordered in a lump sum in accordance with G. L. c. 152, § 36A. (Also ordered was accrued dependency compensation under § 31; burial compensation under § 33; $500 under § 65N and various costs under §§ 9A, 10 and 11A, together with interest under § 50.)