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BENSON'S CASE

No. 98-P-1433.

47 Mass. App. Ct. 756 (1999)

ERNEST BENSON'S (dependent's) CASE.

Court of Appeals of Massachusetts, Suffolk.

September 17, 1999.

Attorney(s) appearing for the Case

Richard J. Bennett for the claimant.

Timothy M. Dunlavey for the insurer & another.

Present: BROWN, SMITH, & BECK, JJ.

SMITH, J.

On December 19, 1978, the employee, Ernest Benson, sustained an injury to his neck while acting within the course of his employment as a truck driver for Merrimack Valley Distribution. As a result of that injury, the employee underwent surgery for a herniated cervical disc in November, 1979. After the operation, he developed chest pains and was diagnosed as having suffered a heart attack. The insurer, American Mutual Liability, contested liability for any...

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