Beacon Milling Company v. Whitford

This is an employer’s petition for a review of incapacity brought under G. L. 1956, §28-35-45. It is before us on an appeal from the decree of the full commission, affirming a decree of the trial commissioner granting the employer’s petition and ordering payment of compensation for partial incapacity but denying the employee’s claim to total compensation as authorized in the second proviso of G. L. 1956, §28-33-18.

The relevant facts and the travel of the cause are undisputed. The employee sustained a compensable injury on April 2, 1958 and was awarded compensation for total incapacity in…