325 Mass. 128 | Mass. | 1949
This is an appeal by an employee from a final decree entered in the Superior Court dismissing his claim for compensation under the workmen’s compensation act.
There was evidence that the employee for one and one half to two years prior to his discharge in March, 1948, was engaged in pushing heavy trucks of various sizes, usually loaded with materials weighing from four hundred to seven hundred pounds. Before he began work for this employer, he had been examined and found to be in good physical condition. He was found to be suffering from varicose veins in his left leg when, in February, 1948, he consulted his family physician, who thought that the heavy strain on his legs due to pushing the trucks probably gradually developed these veins, although a person not engaged in heavy work might suffer from varicose veins, which is a disease in the sense that it is a pathological condition. This
With certain exceptions not here material, an employee, in order to obtain an award of compensation, must show a diminution of his earning capacity which is due to an injury arising out of and in the course of his employment. “Incapacity for work resulting from the injury” is the statutory basis upon which a claim must be based for total, permanent and total, or partial disability. See G. L. (Ter. Ed.) c. 152, §§ 34, 34A, 35, in their present forms. Compensation is awarded not for the injury as such but rather for an
The finding, that the employee, although suffering from varicose veins, was not thereby rendered unable to continue with his work or, in other words, that he had not shown any lessening of his ability to work, is not lacking in evi-dentiary support, Sawyer’s Case, 315 Mass. 75, 79; Josi’s Case, 324 Mass. 415, and is decisive of the case.
Decree affirmed.