Thayer's Case

The employee (Thayer) appeals from a final decree dismissing his claim for double compensation under G. L. c. 152, § 28, as amended through St. 1943, c. 529, § 9.

We summarize the facts relating to the injury. In the spring of 1957 the employer, one Fitzgerald, was engaged in the construction of an extension of Route 128 in Gloucester. Thayer was employed by Fitzgerald as an operator of a unit of heavy construction equipment known as a tournapull which was used to carry excavated material to a dumping area. The tournapull weighed about twenty-two tons and would “carry any load put on it, 25 to…