G.L. (Ter. Ed.) c. 152, § 48. Jakutis's Case, 238 Mass. 308. Joos's Case, 267 Mass. 322. An "agreement in regard to compensation" is ineffective unless a memorandum thereof is filed with the Industrial Accident Board and "approved" by the board. G.L. (Ter.

As he was of age when the department made the award, it was without authority to redeem the compensation by the lump sum payment. See Jakutis's Case, 238 Mass. 308. It follows that the decree ordering the insurer to pay the employee $2,016.66 was wrong.

Carroll v. Boston Elevated Railway, 200 Mass. 527, 536. Bigelow Carpet Co. v. Wiggin, 209 Mass. 542. The statute while conferring the right, has made recovery of compensation dependent upon compliance with precedent conditions by the employee before his claim can be considered. G.L.c. 152, §§ 41-44. It is plain that, if not conceded by the insurer, evidence must be introduced which satisfies the statutory requirements and warrants an award. Sponatski's Case, 220 Mass. 526. Doherty's Case, 222 Mass. 98. Newman's Case, 222 Mass. 563. Fierro's Case, 223 Mass. 378. Dube's Case, 226 Mass. 591. Lacione's Case, 227 Mass. 269. McCarthy's Case, 231 Mass. 259. Jakutis's Case, 238 Mass. 308. If the question had been in dispute, the claimant would have been obliged to offer evidence as to her average weekly wages. Gorski's Case, 227 Mass. 456. And the amount to be awarded depends on whether the incapacity is total or partial. G.L.c. 152, §§ 34, 35. It is common knowledge that a condition, which, as in the case at bar, originally was one of total disability may by improvement change to partial disability, and if at the request of the insurer and after a hearing it appears that total disability has ceased the amount of compensation is to be accordingly reduced.

The judge further ruled "that the hand is useless," (cl. "e"). That ruling cannot stand. The finding of the single member was to the effect that the hand was not so injured as to be useless or permanently incapable of use; the board on review failed to find such incapacity; and the rational inference to be drawn from the finding is that the hand was not incapable of use. The question was one of fact, and the finding was not unwarranted. Meley's Case, 219 Mass. 136. Lacione's Case, 227 Mass. 269. Jakutis's Case, 238 Mass. 308. Decree reversed.Decree to be entered in accordance with the findings of the Industrial Accident Board.