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9 Mass. App. Ct. 881

Palomba's Case

Massachusetts Appeals Court

Decided March 25, 1980

Massachusetts Appeals Court · decided 1980-03-25

Relies on Dwyer v. Globe Newspaper Co. · Lolos v. Berlin · Bajdek's Case

Good law ✅— No negative treatment on recordhow we know

Decided 1980-03-25

How this case has been cited

Cited by 6 later decisions — most recently November 2005

6 state decisions

40198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶11. The single member of the board, whose decision and findings were affirmed and adopted by the reviewing board (G. L. c. 152, § 10), considered the employee’s salary, room, board, and tips in arriving at his finding as to the employee’s average weekly wage. G. L. c. 152, § 1(1). There was evidence to support those findings, which we cannot disturb “unless different findings are required as matter of law.” Bajdek’s Case, 321 Mass. 325, 326 (1947). 2. The short answer to the employee’s grievance that no finding was made as to partial incapacity compensation is that the single member and later the reviewing board found that the employee’s earning capacity exceeded his average weekly wage on July 9, 1973. 3. Palomba’s “terse and very sketchy reference” to the question of the prevailing party’s right to costs under G. L. c. 152, § 11, falls short of argument within the meaning of Mass.R.A.P. 16(a) (4), as amended, 367 Mass. 921 (1975). Lolos v. Berlin, 338 Mass. 10,14 (1958) . Accordingly, we do not address the question.

¶2Judgment affirmed.

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