COMMONWEALTH vs. RANDY POPE.

PETER P. LOVASCO'S CASE.

4 Mass. App. Ct. 854

November 24, 1976

The single member's "finding" (affirmed and adopted by the reviewing board) that "the claimant has failed to prove by a fair preponderance of affirmative evidence

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that there was serious and willful misconduct on the part of the employer which resulted in the injury" (see G. L. c. 152, Section 28; O'Leary's Case, 367 Mass. 108 , 115-116 [1975]) was not contrary to law. See and compare Sciola's Case, 236 Mass. 407 , 413-414 (1920); Foster's Case, 242 Mass. 386 , 387-388 (1922); Durgin's Case, 251 Mass. 427 , 429-430 (1925); McCarthy's Case, 314 Mass. 610 , 611-612 (1943); Diaduk's Case, 336 Mass. 5 , 7 (1957). The employee's arguments are largely predicated on the mistaken premise that this court can make its own independent findings of fact. See Hachadourian's Case, 340 Mass. 81 , 85 (1959).

Judgment affirmed.