PERRETTA, J.
Upon the employee's appeal from the decision of the reviewing board of the Industrial Accident Board denying him compensation at the higher rate provided by G.L.c. 152, § 35B, the trial judge ruled in favor of the employee. The self-insurer appeals.
The employee and the self-insurer presented a statement of agreed facts to the single member which recited the following events. On March 13, 1973, the employee sustained a back injury while he...
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