Bajdek's Case

WILKINS, Justice. On November 23, 1944, the employee, a stock clerk, while unloading stock, suffered an injury to his right hand, resulting in fractures of three fingers. Based upon an average weekly wage of $54.02 he was paid compensation for total incapacity up to December 3, 1944, when he signed a discontinuance. He returned to the employ of the insured as an inventory clerk, and received the same or more pay until December 15, 1945, when he left to take a clerical position at less pay with another employer. There was a hearing before the single member as to whether, as a result of his injury, there was partial incapacity subsequent to December 15, 1945, G.L.(Ter.Ed.) c. 152, § 35, as appearing in St.1945, v. 717. See now St.1946, c. 321, §§ 3, 4. 1 The single member found that the employee was partially incapacitated; that from December 15, 1945, to June 1, 1946, he had a weekly earning capacity of $33.50, and was for that period entitled to compensation of $13.68 a week in the amount of $326.37; that from June 1, 1946, to October 8, 1946, he had a weekly earning capacity of $35.50 and was for that period entitled to compensation of $12.35 a week in the amount of $227.59; and that since October 8, 1946, he had a weekly earning capacity of $37.50 and was entitled to compensation of $11.01 a week, and continuing, subject to the workmen's compensation act; and that there was due to the employee up to October 8, 1946, a total sum of $553,96. The reviewing board, with one member Dissenting, affirmed and adopted the findings of the single member and awarded compensation in the amount of $697.09 up to January 6, 1947. In the Superior Court a decree was entered dismissing the claim, and the employee appealed. This court will not re-examine questions of fact decided by the single member or the reviewing board if there is evidence to sustain the findings, unless different findings are required as matter of law. Griffin's Case, 315 Mass. 71, 73, 51 N.E.2d 768, and cases cited. This court will sustain the general finding if possible. Zucchi's Case, 310 Mass. 130, 133, 37 N.E.2d 514; Sawyer's Case, 315 Mass. 75, 79, 51 N.E.2d 949.