229 A.2d 42 | R.I. | 1967
This is an employee’s petition for review. He .alleges that his “Weekly payments of compensation have been based on an erroneous average weekly wage” and, although not articulated, his request is that the alleged error be- corrected. A single commissioner found that the
During oral argument the parties agreed that the amount of partial compensation petitioner is presently receiving will be unaffected by a resolution of whether petitioner’s “Weekly payments of compensation have been based on an erroneous average weekly wage.” In the circumstances, any determination we may now make of whether or not the preliminary agreement correctly sets forth petitioner’s average pre-injury weekly earnings will have no direct and present effect on the amount of compensation he is entitled to receive. Because we will not adjudicate where there is no subject matter on which our judgment will operate, the issue raised in the petition is not presently justiciable. Industrial National Bank v. Isele, 101 R. I. 734, 227 A.2d 203; Kimball v. Pelosi, 96 R. I. 429.
The petitioner’s appeal is denied and dismissed without prejudice to his right in the future to seek a determination of whether his weekly payments of compensation have been based on an erroneous average weekly wage, the decree • appealed from is affirmed subject, to its first being amended to provide that it is without prejudice as afore