Claim of Gillyard v. Spenyovics

— Herlihy, J.

Appeal by the employer and its carrier from a decision of the Workmen’s Compensation Board which affirmed an award to the claimant made on April 2, 1965. The board in its decision noted that it apparently was not disputed that the claimant falsely stated that he had not been employed since the accident at a hearing on October 23,1964 and subsequent thereto. However, at the hearing on April 2, 1965 he recanted his prior testimony and admitted that he had some earnings since the accident. At the hearing on October 23, 1964 the Referee made an award to September 29,1964 based on…