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A. P. Smith Manufacturing Co. v. Court of Common Pleas of Essex County

Decided: June 9, 1930.

THE A. P. SMITH MANUFACTURING COMPANY, A CORPORATION, PROSECUTOR,
v.
COURT OF COMMON PLEAS OF ESSEX COUNTY, JOHN H. SCOTT, CLERK, AND BENJAMIN KASS, RESPONDENTS



On certiorari.

For the prosecutor, Edwards & Smith (Edwin F. Smith and Raymond Dawson, of counsel).

For the respondent, Benjamin Kass and John V. Laddey.

Before Justices Trenchard, Lloyd and Case.

Lloyd

The opinion of the court was delivered by

LLOYD, J. A writ of certiorari was allowed in this case to review the action of the Common Pleas Court in reversing an order of a commissioner of the compensation bureau, which order dismissed the petition of Benjamin Kass for a rehearing of an award which had been adjusted eleven years before. Petitioner had an injury to the leg in 1916, and filed his petition in the Essex Common Pleas for compensation. On May 4th, 1917, an award was made on this petition for the sum of $798.25, and a further sum of $10 per week for a

period of forty-three weeks. The order thus made was complied with and no payments had been made within the nine years preceding the filing of the petition in the present proceeding. In the application now being considered it is claimed that there has been an increase of incapacity; that the injured leg, subsequent to the filing of the petition, was amputated in consequence of the injuries received in 1916.

During the period of Kass' employment the original Workmen's Compensation act of 1911 was in force and section 21 of that act provided:

"Sec. 21. An agreement or award of compensation may be modified at any time by a subsequent agreement, or at any time after one year from the time when the same became operative it may be reviewed upon the application of either party on the ground that the incapacity of the injured employe has subsequently increased or diminished."

In 1919 this section was amended to the following effect:

"(F) An agreement or award of compensation may be modified at any time by subsequent agreement or reviewed upon the application of either party on the ground that the incapacity of the injured employe has subsequently increased or diminished."

By the same act section 23 of the act of 1911 was amended respecting the limitation of time within which claims ...


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