Fox Peninsula Theatre v. Industrial Accident Commission

This case is before us on a writ to review an award of the Industrial Accident Commission in favor of the minor, Harry Grant, who was injured by a fall from a car in which he was being transported with others who were distributing advertising matter for the Fox Peninsula Theatre. He was at the time of the injury eighteen years old. The commission found the percentage of permanent disability to be 59%.

*656 The sole question for determination here is whether the evidence supports the following finding of the commission: “The foregoing disability indemnity is based on average earnings of $25 weekly, which is deemed to be the weekly sum that under ordinary circumstances he would probably have been able to earn after attaining the age of 21 years in the occupation in which he was employed at the time of injury, had he not been injured.”

This finding was made under section 12 (c) of the Workmen’s Compensation, Insurance and Safety Act of 1917, as amended (Deering’s Gen. Laws, 1931), which provides: “If the injured employee is under twenty-one years of age, and his incapacity is permanent, his average weekly earnings shall be deemed, within the limits fixed, to be the weekly sum that…