The plaintiff in this action for declaratory relief, who was paroled from a sentence of twenty-seven years to life to a shorter, from-and-after sentence which has since expired, contends that the Mass. 81, 85-86 [1959]; compare Chapman's Case, 321 Mass. 705, 707 [1947]), does not support his finding of $45 a week for tips as an increment of her average weekly wage. The judge erred in denying the employee's motion for recommittal to the board for further findings of fact with respect to the employee's average weekly wage. Her appeal from the judgment is sustained. The judgment is set aside. A new judgment is to be entered in the Superior Court remanding the case to the board for further findings consistent with this opinion, including findings pertinent to that portion of the employee's average weekly wage missioner of Correction, 336 Mass. 718 (1958), or Carlino v. Commissioner of Correction, 355 Mass. 159 (1969), which supports the plaintiff's position.
Judgment affirmed.