Foley's Case

This is an appeal from a final decree of the Superior Court dismissing a claim for compensation under G. L. c. 152, § 34A, on the ground that the “employee has failed to sustain the burden of proving that he was permanently and totally disabled as claimed.” The case has been before us on another issue stemming from an earlier claim for compensation under G. L. c. 152, § 35. See Foley’s Case, 344 Mass. 456.

On July 3, 1950, the employee sustained injury to his right shoulder while working for the United States Rubber Company (self-insurer) in its Chicopee plant, as a result of which he…