ANTONIO SOUSA & another vs. JOHN K. DAVENPORT, trustee, & others.

JOHN MORE'S CASE.

3 Mass. App. Ct. 715

February 28, 1975

The sole issue presented by this appeal is whether the evidence supported the finding of average weekly wage as defined by G. L. c. 152, Section 1 (1). We hold that there was no error in the decree entered in the Superior Court in accordance with the decision of the reviewing board. The amount of the average

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weekly wage of an employee is a question of fact. Weir's Case, 252 Mass. 236 , 238 (1925). Testimony (including that of the claimant and fellow employee engaged in the same kind of work) supportive of the board's finding of an average weekly wage of $125 (see Galloway's Case, 354 Mass. 427 , 431 [1968]; compare Morris's Case, 354 Mass. 420 , 425-426 [1968]) was admitted without objection before the single member. That evidence was relevant and had probative force. Laskowski v. Manning, 325 Mass. 393 , 399 (1950). Where, as here, there was evidence which supported the board's findings, such findings are final. Sabulis's Case, 334 Mass. 709 (1956). Cummings's Case, 2 Mass. App. Ct. 849 (1974). The decree is affirmed. Costs of appeal are to be determined by a Justice of this court.

So ordered.