On order to show cause why a writ of certiorari should not be granted.
For the prosecutor, James J. Carroll.
For the respondent, John A. Laird.
Before Brogan, Chief Justice, and Justices Parker and Perskie.
The opinion of the court was delivered by
PERSKIE, J. The issues in this workmen's compensation case are sharply drawn. On the one hand, the employe claims that as the result of an accident, which concededly arose out of and in the course of his employment, he suffers a permanent ailment of his left kidney. On the other hand, for the employer, it is claimed that the employe has failed to prove his claim; that he was discharged on October 7th, 1935, as cured of his injuries which he allegedly sustained on July 11th, 1935 (the date of the accident) and that he is, in fact, suffering from Bright's disease which is entirely disassociated from the accident.
The facts which give rise to the stated issues are substantially as follows: Edward Journey, a metal worker about fifty years of age, was, on July 11th, 1935, in prosecutor's employ. He was engaged in repairing machines when a piece of metal weighing between 100 and 150 pounds slipped and struck him on his left side. Fellow workmen immediately took him to prosecutor's first aid room and then to the insurance emergency hospital where the insurance doctors examined him. About a half hour later, he was taken to the Orange Memorial Hospital and placed under the care of Dr. Briggs, who was also employed by the prosecutor's insurance carrier.
Dr. Briggs testified that there was a tenderness in the area of the left kidney and a rigidity on the left side of petitioner's abdomen. Blood was present in his urine and there was no doubt in the doctor's mind that the petitioner suffered damage to his kidney. Dr. Briggs called in Dr. Burpeau to examine and take care of petitioner while he (Dr. Briggs) was on vacation.
Petitioner was released from the hospital eleven days after his admission. Dr. Briggs subsequently returned home, treated petitioner until October 5th, 1935, and advised him to go back to work on October 7th, 1935. Although Dr. Briggs stated that he did not know what caused petitioner's pain, he discharged him because he "felt he had no permanent disability."
Petitioner returned to work for prosecutor. After about a week he found he was unable to do the heavy work which the particular job required and accordingly sought and obtained employment of a lighter type of work and at a slightly higher wage than that which he had been receiving from prosecutor.
Petitioner received compensation for temporary disability from July 11th, 1935, to October 6th, 1935, at a rate of $17.33 a week.
After petitioner returned to work he sought medical treatment from time to time. Although the testimony is in dispute as to whether or not he sought or received medical attention between October of 1935 ...