Capaldi v. Liberty Tool & Gage Works, Inc.

This is an employee’s motion for the award of a counsel fee by the workmen’s compensation commission pursuant to the provisions of G. L. 1956, §28-35-32, wherein he alleges the successful prosecution of a petition for compensation within ,the purview of that statute. The commission denied and dismissed the motion, and from its order to that effect the employee has prosecuted an appeal to this court.

It appears that on April 15, 1963 the employee filed a petition claiming compensation for total loss of earning capacity and for specific compensation for the loss of use of his left great toe. The…