Driscoll's Case

This is an application for compensation for partial disability under the workmen’s compensation act.' G. L. c. 152, § 35. This section provides for weekly payments while there is partial incapacity for work resulting from an injury arising out of and in the course of the employment. Inability to secure work arising from any other cause is not the basis of compensation. The provision is based on the existence of an admitted capacity to labor. The measure of compensation is the difference between the average weekly wages before the injury and those which the employee is able to earn thereafter.…