Kilsey v. Chuck Wagon, Inc.

This is an appeal from a decree of the Workmen’s Compensation Commission affirming a trial commissioner’s decree that denied and dismissed the employee’s original petition for compensation benefits. The commission based that denial on a finding that the employee had failed to prove a loss of earning capacity. The correctness of that finding is the sole issue on appeal.

It appears that the employer, a Rhode Island corporation, is engaged in the business of renting and servicing vending machines. The employee is its president and the owner of one-third of its stock. During 1974 his duties…