Provost's Case
Provost's Case
Opinion of the Court
This workmen’s compensation case comes before us on the appeal by the employee from the decree entered in the Superior Court dismissing his claim. In awarding compensation upon review, the board affirmed and adopted the findings and the decision of the single member. The latter’s decision contains the following: “I further find, from his [the employee’s]] appearing at the hearing and his testimony, that he is vague, poorly oriented and rambling as to any statement of facts or business matters. The impression I gained from his testimony was accurately summarized by the impartial physician, Doctor Donald Munro, and therefore I adopt his summary as a finding of fact, to wit: ‘There is no question in my mind but what this patient cannot do gainful labor at this time and I think that on the evidence at present available it must be assumed that his present condition is until proved
Decree reversed.
Decree to be entered in the Superior Court recommitting the case to the Industrial Accident Board for inclusion therein of the report of the impartial physician Dr. Donald Munro and further certification to the Superior Court.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.