Whitaker's Case

This is an appeal from a final decree in the Superior Court adjudging that the employee has failed to sustain the burden of proving an injury arising out of and in the course of employment. The single member had so ruled and the reviewing board had affirmed and adopted his findings and decision.

The employee’s affliction was chronic bronchitis, emphysema and bronchiectasis. Some of the medical testimony tended to show that paint mist from his spray painting job aggravated the condition. There was contrary testimony. Because of his affliction the employee shifted to a different and lower paying…