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Pacifico v. Carpenter Steel Co.

Decided: March 29, 1946.

ANDREW PACIFICO, PETITIONER-PROSECUTOR,
v.
CARPENTER STEEL CO., RESPONDENT



On certiorari.

For the prosecutor, Laurence Semel.

For the respondent, James J. Carroll.

Before Justices Bodine and Perskie.

Perskie

The opinion of the court was delivered by

PERSKIE, J. We are primarily concerned, in this workmen's compensation case, with the adequacy vel non of the award made on the employee's claim petition for compensation. And we are also concerned with the propriety of the apportionment of medical fees, the allowance and apportionment of legal fees, and the validity of the answer filed by the respondent to the claim petition.

Prosecutor, employed by the respondent, unquestionably suffered an accident which arose out of and in the course of his employment. As a result of that accident, he suffered, stripped of all medical terminology, "pain and limitation of motion and weakness of his left shoulder."

In the Bureau it was found that prosecutor had lost ten days' work after the accident. For this loss he was awarded compensation for temporary disability to the extent of 3/7th

of a week, at his stipulated maximum compensation rate of $20 a week, or $8.58. Prosecutor was further allowed compensation to the extent of 2 1/2% of total and permanent disability at the same maximum compensation rate of $20 a week, for twelve weeks, or $250.

The Deputy Commissioner further allowed $20 to each of the two physicians who examined the prosecutor and who testified in his behalf, one-half of each sum was ordered to be paid by the prosecutor and the other one-half by the respondent. The Deputy Commissioner further allowed $40 to prosecutor's counsel for his services, $30 of which was ordered to be paid by the respondent and $10 by the prosecutor.

On appeal by prosecutor, to the Essex County Court of Common Pleas, Judge Flannagan approved and adopted the findings in the Bureau. Pacifico v. Carpenter Steel Co., 23 N.J. Mis. R. 309; 44 A.2d 79. Prosecutor was allowed a writ of certiorari.

The result of our independent determination of the facts and law (Cf. Owens v. Bennett Air Service, 133 N.J.L. 540, ...


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