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Lazzio v. Primo Silk Co.

Decided: February 26, 1935.

GLADYS LAZZIO, ADMINISTRATRIX AD PROSEQUENDUM OF ROSE HIGGINS, PROSECUTOR,
v.
PRIMO SILK COMPANY, RESPONDENT



On certiorari.

For the prosecutor, Isadore Rabinowitz.

For the respondent, Cox & Walburg.

Before Justices Trenchard, Heher and Perskie.

Perskie

The opinion of the court was delivered by

PERSKIE, J. The writ of certiorari seeks to review a judgment of the Passaic County Court of Common Pleas which affirmed a judgment of the workmen's compensation bureau dismissing the petition filed herein.

It appears, by stipulation in this case, "that an accident happened [to deceased employe] sometime in February [actual date February 11th, 1930], arising out of and in the course of the employment with the respondent as a result of which she [deceased] developed a chronic synovitis of the right knee.

Paragraph 5 of the determination of facts and findings by the bureau states the result reached by it in the premises:

"(5) After a consideration of all the facts and circumstances, I find that when the amount of permanent disability becomes fixed and agreed upon by the parties, the respondent's liability to compensate becomes fixed and anything which a petitioner may do after the permanent disability becomes fixed cannot be binding upon the respondent, unless at that time further treatment is indicated." (Italics ours.)

"I further find as a fact that the chain of causation between the accident and the subsequent death was broken by the deceased herself after her permanent disability had been fixed and it was indicated that no further treatment would be of any avail, and, therefore, the respondent cannot be held liable for this voluntary act of hers."

The finding of the Passaic County Court of Common Pleas discloses, inter alia, the following conclusion reached:

"(6) I am satisfied that there is no causal connection between the development of erysipelas and the synovitis, which was admitted to be the ...


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