Trombetta's Case

The insurer Hartford Accident and Indemnity Company appeals from the final decree of the Superior Court awarding total incapacity and dependency benefits under G. L. c. 152, §§ 34 and 35A. The employee, a mason, sustained a back injury on September 25, 1967, while working for a previous employer and received total incapacity compensation from Lumbermens Mutual Casualty Company for a short period. He resumed work for the same employer from October 16, 1967, until April, 1968. During that period, as well as during the period April, 1968, until June, 1968, while working for another employer; and…