Swasey's Case

The claimant Swasey appeals from a judgment of the Superior Court dismissing his claim for workmen’s compensation benefits. The trial judge ruled that the decision of the reviewing board, which affirmed and adopted the findings and decision of the single member, was not warranted by the evidence. The decision by the single member held that Swasey’s automobile accident arose out of and in the course of his employment. "On judicial review the decision of the board must be accepted as final, if supported by the evidence and not tainted by error of law.” Haley’s Case, 356 Mass. 678, 680 (1970).…