Rastella v. State Department of Public Works

This is an employee’s original petition for compensation for incapacity alleged to have resulted from illness due to an injury sustained in January 1952 while in the employ of the respondent. The cause is in this court on the petitioner’s appeal from a final decree of the full commission, affirming a decree of the trial commissioner, in which the petition was denied and dismissed.

It appears from the record that petitioner on the night of January 22, 1952 was assisting a state highway crew in the sanding of state highways in the town of Foster. At the time of the incident the truck was…