The single member, however, weighed the testimony and chose to accept the explanation of the employee's death which was proffered by the claimant. McGowan's Case, 288 Mass. 441, 443. Mozetski's Case, 299 Mass. 370, 372. Roney's Case, 316 Mass. 732, 734. There was conflicting evidence also from the medical experts on whether the damage found by the single member to have occurred to the employee's liver was by inhalation of chemicals rather than by viral or bacterial action.
Kangas's Case, 282 Mass. 155, 158. McGowan's Case, 288 Mass. 441, 444. Booth's Case, 289 Mass. 322, 325.
This finding is not lacking in support from the testimony and in accordance with the general principle cannot be reversed. McGowan's Case, 288 Mass. 441. Mozetski's Case, 299 Mass. 370. Decree affirmed.
The question for determination is whether the decree of the Superior Court on the issue of dependency was right on the findings of fact of the reviewing board, the ultimate trier of fact. Such findings of fact cannot be reversed unless they are not warranted by the evidence or are in some other respect vitiated by error of law. McGowan's Case, 288 Mass. 441, 443. Mozetski's Case, 299 Mass. 370, 372, and cases cited.
The question on this appeal is not whether there was evidence of serious and wilful misconduct, but whether the finding of the board that such misconduct was not established was wholly unwarranted or vitiated by error of law. Silver's Case, 260 Mass. 222. Beckford's Case, 268 Mass. 221. Lopes's Case, 277 Mass. 581. McGowan's Case, 288 Mass. 441. Schenck's Case, 293 Mass. 526. Lazarz's Case, 293 Mass. 538. Mozetski's Case, 299 Mass. 370. The burden of proof was on the claimant to show that she was entitled to double compensation.
The burden of proof in this particular was on the employee, Booth's Case, 289 Mass. 322, 325, but the burden is sustained if he introduces evidence from which a reasonable inference can be drawn that the insurer suffered no prejudice. Zabec's Case, 302 Mass. 465, 469, and cases cited. Whether the burden was sustained in the case at bar, and commonly, is a question of fact, McGowan's Case, 288 Mass. 441, 444, and the inquiry here is whether there was evidence to support the findings of the board. Zabec's Case, 302 Mass. 465.
He need not introduce evidence negativing every conceivable or possible contingency that harm in some indirect or remote manner might have been encountered by the insurer. The burden is sustained if he introduces evidence from which a reasonable inference can be drawn that the insurer suffered no prejudice. Johnson's Case, 279 Mass. 481. Gaffer's Case 279 Mass. 566. Anderson's Case, 288 Mass. 96. McGowan's Case, 288 Mass. 441. Coakley's Case, 289 Mass. 312. Clifford Shoe Co. v. United Shoe Machinery Corp. 297 Mass. 94, 107. Rich's Case, 301 Mass. 545.
Ricci's Case, ante, 67. There is no power vested in the courts to revise the findings made by the reviewing board. McGowan's Case, 288 Mass. 441. The record fails to show that the reviewing board was under any misapprehension of law or fact in rendering its decision.
Di Giovanni's Case, 255 Mass. 241. Minns's Case, 286 Mass. 459, 462. McGowan's Case, 288 Mass. 441, 443. Di Clavio's Case, 293 Mass. 259, 261.
G.L. (Ter. Ed.) c. 152, ยงยง 41, 42, 44. Kangas's Case, 282 Mass. 155. Murphy's Case, 226 Mass. 60. McGowan's Case, 288 Mass. 441. Booth's Case, 289 Mass. 322. Since these considerations are decisive in favor of the insurer, it becomes unnecessary to consider the other points argued.