McHugh's Case

As there had been no agreement under G. L. c. 152, § 6 (as amended through St. 1953, c. 314, § 6) nor any previous determination of liability under G. L. c. 152, § 8, the employee could not rest on the fact of payments theretofore *804voluntarily made by the insurer (Morse’s Case, 345 Mass. 776 [point lj) but had the burden of proof (Nouses ’s Case, 326 Mass. 797) that (1) his incapacitating hernia condition (if he had such) at the time of the hearing before the single member (2) was causally related (see Spalla’s Case, 320 Mass. 416, 418; Sulham’s Case, 337 Mass. 586, 589) to the incident of…