Neither medical services nor burial expenses are compensation in a statutory sense. The workmen's compensation statute, taken as a whole, divides the benefits to be received thereunder by those entitled into three distinct classes: Medical services, burial expenses, and compensation. The reasoning of that case applies here and controls our decision.
5784, was not a payment of compensation and, therefore, did not excuse the failure to give the written notice required by the statute. 536, that the payment of medical expenses, as required by G.L. So we treat the fact referred to as sufficiently found, and hold that the plaintiff is entitled to such benefit therefrom as the law may give her.īut we cannot accept her theory that the payment of burial expenses is a payment of compensation. If we doubted this we should remand the case for further findings. 5808, certifies up the questions of law to be reviewed, and therein embodies the fact that the burial expenses were paid "to the persons entitled to compensation and not to the personal representative of the deceased employee." While this, and the other facts incorporated into the questions certified, should have been included in the formal findings, we understand from the record that the commissioner intended that those findings were to be taken as supplemented by whatever additional facts appear in the questions sent up. But in the appeal, the commissioner, complying with G.L. It may be admitted that such a finding would be necessary in order to support the plaintiff's theory of the law, if such theory was to be adopted by this Court and it is true that the findings, themselves, *ĭo not show to whom the burial expenses were in fact paid. It is to be observed that the payment of burial expenses is to be made to the persons entitled to compensation and it is urged in behalf of the defendants that the findings do not show that the payment here involved was made to such persons. 5777, amounts to a voluntary payment of compensation, which under the terms of the section first above cited dispenses with the necessity of such notice.
It is argued in her behalf that the payment of the $100 for burial expenses (shown by the findings), as required by G.L.
The findings are such that the whole case turns on the question whether the plaintiff was required to give the Organ Company the written notice specified in G.L. She comes to this Court by an appeal from an order of the commissioner of industries denying her application. The plaintiff seeks to recover compensation on account of the death of George Cottrill who was instantly killed while employed by the Estey Organ Company, and on whom she was partially dependent.
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