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WHITAKER'S CASE

354 Mass. 4 (1968)

234 N.E.2d 723

ROBERT W. WHITAKER'S CASE.

Supreme Judicial Court of Massachusetts, Suffolk.

March 5, 1968.

Attorney(s) appearing for the Case

Pasquale J. Ventola for the employee.

John T. Foynes for the insurer.

Present: WILKINS, C.J., SPALDING, WHITTEMORE, CUTTER, & KIRK, JJ.

WHITTEMORE, J.

This is an appeal from a final decree in the Superior Court adjudging that the employee has failed to sustain the burden of proving an injury arising out of and in the course of employment. The single member had so ruled and the reviewing board had affirmed and adopted his findings and decision.

The employee's affliction was chronic bronchitis, emphysema and bronchiectasis. Some of the medical testimony...

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