Dinck v. Gellatly Construction Co.

The commissioner found that the plaintiff suffered an accidental injury arising out of and during his employment, and awarded compensation. The defendant appealed to the Superior Court and thereafter filed a motion to have the finding corrected as to certain subordinate facts and a contrary conclusion reached. In support thereof it submitted excerpts from the transcript of the testimony produced before the commissioner, who had died prior .to the filing of the motion. The parties stipulated that the entire record should be used by the successor commissioner. He denied the motion and certified…