For the prosecutors, Edwin Joseph O'Brien and Thomas J. Brett.
For the respondent, David Roskein (John A. Laird, of counsel).
Before Justices Parker, Heher and Perskie.
The opinion of the court was delivered by
PERSKIE, J. This is a workmen's compensation case. R.S. 34:15-7, et seq. The question is whether the wife, respondent here and petitioner below, carried her burden of establishing, by a "preponderance of probabilities," the basis upon which she asserted her right to compensation, namely, that her husband died as the result of an accident, which arose out of and in the course of his employment. Cf. Gilbert v. Gilbert Machine Works, Inc., 122 N.J.L. 533; 6 A.2d 213; Kuropata v. National Sugar Refining Co., 126 N.J.L. 44, 47; 17 A.2d 288.
In the Workmen's Compensation Bureau, the question was answered in the negative. The claim petition for compensation was dismissed, and judgment was entered in favor of prosecutors here.
In the Essex County Court of Common Pleas, the question was answered in the affirmative, the judgment of the Bureau was reversed and petitioner was awarded compensation.
Our appraisal of the proofs establishes the following facts:
Frank Kramerman, petitioner's husband, a carpenter, was 47 years old when he died about noon on July 8th, 1939. Save for a syncope (unexplained as to cause) which he suffered while doing some carpenter work some "four or five weeks" prior to his death and from which syncope he recovered in a "few minutes," in "a couple of minutes," and thereafter
continued with his work, his health prior to his death, according to his wife, was "all right."
Kramerman was employed by and worked for his brother-in-law, Jack Simon, one of the prosecutors here, and ...