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Simon v. New Jersey Asphalt and Paving Co.

Decided: September 11, 1939.

LOUIS SIMON, PETITIONER,
v.
NEW JERSEY ASPHALT AND PAVING COMPANY, RESPONDENT



On rule to show cause.

For the petitioner, Philip M. Chamberlin.

For the respondent, Wall, Haight, Carey & Hartpence.

Before Justice Perskie, in chambers, pursuant to statute.

Perskie

PERSKIE, J. The subject-matter in dispute relates to the amount of interest to which petitioner, employe, is entitled upon the respective items embraced within the amount which he was awarded against respondent, his employer.

Petitioner was injured on June 12th, 1931. He was paid compensation benefits by respondent's insurance carrier until December 28th, 1932; those payments totaled $1,420. Thereafter, on April 13th, 1933, after final hearing, the bureau awarded petitioner $2,000 to be paid at the rate of $20 a week for two hundred weeks, commencing October 21st, 1932; the bureau also awarded $400 counsel fee and $95 to cover

fees for medical witnesses and stenographer charges. Judgment based upon these awards was docketed in the Mercer County Court of Common Pleas and docketed in the Supreme Court, on April 24th, 1933.

Respondent failed to pay the judgment. On July 24th, 1939, petitioner caused execution to be issued and on July 31st, 1939, the sheriff of Hudson county made a levy upon moneys in the hands of the county of Hudson and due to respondent. The county of Hudson admits the debt but respondent, as already indicated, challenges the inclusion of interest on the several items embraced in the award and upon which judgment was entered.

Petitioner claims he is entitled to:

1. Interest on the sum total of the weekly payments remaining unpaid between October 21st, 1932, and April 24th, 1933, from the time when the judgment was docketed and since when it has remained unpaid.

2. Interest on each installment due, after the judgment was docketed, from the time each ...


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