Folsom v. New England Telephone & Telegraph Co.

ROBERTS, Justice.

We confront an unusual appeal by Dale A. Folsom. He asserts a right to appeal even though the Workers’ Compensation Commission found in his favor and denied the petition to review incapacity filed by his employer, New England Telephone & Telegraph Co. (N.E.T.). We deny N.E.T.’s motion to dismiss, vacate the decision of the Commissioner, and remand for further proceedings.

Folsom was employed by N.E.T. as a lineman in July 1975 when he suffered a work-related injury to his back. He received compensation for total incapacity until the middle of March 1977, when he resumed work…