Mazzotta v. Mazzotta

The compensation commissioner on October 19th, 1933, approved a compensation agreement under the terms of which the plaintiff was to receive $21 a week on account of total incapacity, this amount being based upon an average weekly wage recited in the agreement to be $45. On April 2d, 1934, the commissioner held a hearing upon a motion of the respondent insurer to open and modify the award. At that hearing it was proved that the average weekly wage received by the plaintiff before the injury based upon nine weeks of employment, was in fact $22.67. It also appeared that the employer was the…