Bator's Case

This is a claim for workmen’s compensation under G. L. c. 152, § 26, as amended through St. 1955, c. 174, § 5. The single member after hearing denied the claim. Upon a claim of review the reviewing board reversed the decision of the single member and awarded compensation. Both the single member and the reviewing board expressly found that the injury was not caused by the serious and wilful misconduct of the employee. G. L. c. 152, § 27, as amended through St. 1935, c. 331. Upon certifica tian to the Superior Court a judge entered a decree dismissing the claim because the employee’s injuries…