Fogerty's Case

An employee appeals from a final decree of the Superior Court dismissing his claim for compensation based upon total incapacity. The decision of the single member of the Industrial Accident Board denied and dismissed the employee’s claim. The reviewing board also denied and dismissed the claim and adopted the findings and decision of the single member. The employee contends that the board erred in ignoring undisputed medical testimony that the employee’s incapacity was due to a fall from a truck in the course of his employment and in determining instead, without foundation, that the…