McEwen's Case

The issue before us is whether the evidence warrants a finding by the Industrial Accident Board (board) of total and permanent disability within the meaning of § 34A of the Workmen’s Compensation Act (G. L. c. 152). A single member of the board made findings and rendered a decision on May 30, 1972, which in turn were affirmed and adopted by a reviewing board, ordering the insurer to pay the employee total and permanent incapacity compensation dating from April 17, 1970, in accordance with G. L. c. 152, §§ 34A and 35A. On December 27, 1972, the Superior Court judge entered a judgment in favor…