Paccia's Case

1. The evidence was sufficient to warrant the single member’s findings (affirmed and adopted by the reviewing board “upon consideration of all the evidence”) that the action of the crew foreman in ordering both employees into the trench constituted “serious and wilful misconduct” within the meaning of G. L. c. 152, § 28 (as appearing in St. 1943, c. 529, § 9). See generally O’Leary’s Case, 367 Mass. 108, 111, 115-116 (1975), and cases cited. The present cases are governed in principle by such cases as Randolph’s Case, 247 Mass. 245, 247-248 (1924), and Thayer’s Case, 345 Mass. 36, 37-40…