Lysaght's Case

When this case was here before (Lysaght’s Case, 328 Mass. 281) we reversed a decree of the Superior Court awarding dependency compensation to the widow of a deceased employee. We did this because a reviewing board had based its findings and decision upon the application of the presumption created by G. L. (Ter. Ed.) c. 152, § 7A, inserted by St. 1947, c. 380, which we found to be error.

We ordered that the case be recommitted to the Industrial Accident Board to decide, upon the evidence already heard and without applying § 7A, whether the employee’s injury and death arose in the course of and…