Home THEODORE F. WOLANSKI'S CASE.

350 Mass. 770

March 3, 1966

In 1962 a reviewing board adopted a single member's finding under G. L. c. 152, Section 34, as amended, that a 1959 injury to Wolanski had caused total disability. Further hearings were held in 1965, after Wolanski had received the maximum payments allowable under Section 34, to determine whether further payments should be made under Section 34A, as amended. A medical expert testified that Wolanski then remained totally disabled, but that he was not permanently disabled. The single member was warranted in treating the expert's opinion that disability would not be permanent as resting upon his "personal philosophy . . . that . . . [the employee] is so hopelessly incapacitated that it should be worthwhile to take the chance" of a further risky operation. In view of the medical evidence concerning the risk and the chances of improvement, the single member (whose findings were adopted by the reviewing board) could reasonably conclude that the employee was not required to submit to the further procedures and that he "was permanently and totally disabled within the meaning of" Section 34A. See Lauble's Case, 341 Mass. 520 , 522-523. See also Snooks Case, 264 Mass. 92 , 93-94; Baglio v. New York Cent. R.R. 344 Mass. 14 , 18. Causal connection between the 1959 injury and the employee's condition in 1965 could reasonably be found to be implicit in the doctor's testimony that the employee's pain and symptoms had been "unremitting" and "progressive" and had increased. Cf. Hummer's Case, 317 Mass. 617 , 621-623 (where absence of such causal connection had been found). The decree enforcing the reviewing board's decision is affirmed. Costs and expenses shall be allowed by the single justice.

Home ROBERT GRINHAM'S (dependent's) CASE.

350 Mass. 770

March 3, 1966

On December 1, 1962, Grinham collapsed and died while working on the roof of a partly completed building. Grinham spent the two hours before his death carrying eighty-five pound pipes, from one level to an upper level, in climbing to the roof over ladders, and in work on the roof. Upon the basis of circumstances revealed by an autopsy report one Dr. Sagall testified that, in his opinion, the work that Grinham had been doing "contributed to his death and hastened his heart failure." Despite substantial medical testimony to the contrary and pertinent cross-examination of Dr. Sagall, the reviewing board adopted the finding of the single member that Grinham, in the course of his employment, sustained an injury which

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contributed to his death. We cannot say that there was no sufficient support for the finding in the medical evidence. The decree of the Superior Court enforcing the reviewing board's decision is affirmed. Costs and expenses shall be allowed by the single justice.

So ordered.