Manville Jenckes Corp. v. Lubinski

This is an employer’s petition for review of a preliminary agreement based on the ground that the respondent employee’s incapacity resulting from the injury stated in the agreement has ended or diminished. After a hearing in the superior court, the trial justice found that such incapacity had ended. A decree was duly entered containing that finding and also the following findings: that respondent is now disabled by hypertrophic arthritis which antedated the accident; that such condition was not changed or aggravated by the accident; aiid that respondent’s present incapacity is not the result…