Church v. Doherty

This is an employee’s petition for the payment of benefits for total disability from the second injury indemnity fund in accordance with the provisions of G. L. 1956 (1968 Reenactment) §28-37-8. The trial commissioner heard the petition and ordered the payment of benefits. The respondent director has prosecuted an appeal to this court from a decree of a majority of the Workmen’s Compensation Commission affirming the decree of a trial commissioner awarding the payment of such benefits.

The facts are undisputed. On November 3, 1955, while working for a building contractor, petitioner fell from a…