For the prosecutor, Katzenbach, Gildea & Rudner (Louis Rudner), and Carl E. Geuther, of the Pennsylvania bar.
For the defendant, Frank S. Farley and Julius Waldman.
Before Justices Donges and Colie.
The opinion of the court was delivered by
DONGES, J. This certiorari brings up proceedings in the Salem County Court of Common Pleas affirming a determination and judgment of the Workmen's Compensation Bureau, awarding to petitioner-respondent compensation for 100% loss of the right eye, together with temporary disability benefits from August 13th, 1940, to October 28th, 1940, and other charges and assessments and counsel fee.
Petitioner-respondent, while employed by the respondent-prosecutor, on June 14th, 1940, at its plant at Deepwater, New Jersey, was injured by being hit in the eyes by a stream of aniline, whilst "drumming" aniline. His eyes were injured and he was treated at the plant hospital and then was sent by his employer to Dr. William M. Pierson, an eye specialist, who treated him from June 17th, 1940, to August 8th, 1940, and from August 16th, 1940, to October 28th, 1940.
A petition was filed on October 24th, 1940, alleging that petitioner had sustained the loss of an eye as a result of an accident occurring on June 14th, 1940, and arising out of and in the course of his employment. Respondent admitted the accident of June 14th, 1940, and that petitioner had been paid temporary disability benefits from June 14th, 1940, to July 8th, 1940, and from July 18th to August 8th, 1940, but denied that petitioner had suffered any permanent disability from the accident mentioned; and alleged that the petitioner had fallen downstairs at his home on August 13th, 1940, when he sustained a traumatic cataract of the right eye from glass piercing the eye.
The facts as to the several happenings are not controverted. That petitioner suffered injury to both eyes on June 14th is not disputed. It is stipulated that on the morning of August 13th, petitioner went to the plant hospital for treatment of his eyes; that he received treatment and the plant physician prescribed dark glasses. The plant hospital record of August 13th, 1940, shows the following:
"9:30 A.M. Patient complains of pain in right eye. Examination discloses an edematous condition of both eyelids. Right eye, C conjunctivitis more pronounced in lower half of right eye ball. Cold compresses and to continue with the prescription given by Dr. Pierson."
It was testified that petitioner spent the greater part of the day at the plant hospital; that he complained of pain in his right eye; that he applied cold bottles to his eye; and that, for about a week preceding August 13th, his eyes were "terribly bloodshot;" that about 11 o'clock that evening he fell down stairs in his home; that ...