Folsom v. New England Telephone & Telegraph Co.

I must respectfully dissent. In my opinion the court ignores the clear and unambiguous language of section 100(2)(B).

At the time that New England Telephone Co. filed its first petition for review, in July 1979, section 100 provided in pertinent part:

While compensation is being paid or ... being provided under any agreement, award or decree, the incapacity of the injured employee due to the injury ... may from time to time be reviewed by a single commissioner upon the petition of either party upon the grounds that such incapacity has subsequently increased, diminished or ended.... Pending a…