244 Mass. 330 | Mass. | 1923
Th^ employee received an injury to his left elbow, on March 14, 1918, and was paid compensation at the rate of Sil a week, to October 23, 1918, when he returned to work. In January, 1921, it was found that he was capable “of resuming his former occupation from October 23, 1918, . . . notwithstanding the restricted use of his left elbow joint” and that he was not working at this time because of labor conditions. The employee again filed a claim for review, and on August 4, 1921, it was found that no change existed in the situation from that which existed at the previous hearing, and that no compensation was due the employee. In September, 1922, on the third hearing on review, the Industrial Accident Board found that the employee was then able to earn an average weekly wage of $16.50, his earning capacity at the time of the injury. In the Superior Court a decree was entered that no further compensation was due, and the employee’s claim was dismissed.
The employee filed certain requests for rulings before the Industrial Accident Board. The first three could not be granted. No question of law is raised by these requests. It was a question of fact, whether the employee was totally incapacitated within the meaning of the workmen’s compensation act. The finding of the board on this question cannot be reviewed. The fourth, fifth, sixth and seventh requests were refused properly, because the Industrial Accident Board found the facts to be different from those set forth in the requests. The board found that the
Decree affirmed-
