For the prosecutor, David Roskein and John A. Laird.
For the defendant, John H. Gaffey and Herman W. Kurtz.
Before Justices Donges, Heher and Colie.
The opinion of the court was delivered by
DONGES, J. This writ of certiorari brings up for review a determination of the Essex County Court of Common Pleas
in a workmen's compensation case reversing a finding of the Bureau and dismissing the petitioner-prosecutor's claim petition.
The prosecutor was a fireman in the employ of the defendant, Town of Irvington, and on January 8th, 1940, he suffered an accident arising out of and in the course of his employment by reason of which he was unable to work until sometime in the month of October, 1940, when he returned first to light duty and later to regular duty. During all these months he was off from work he was paid his full salary of $200 per month and made no claim for benefits under the Workmen's Compensation Act.
On November 15th, 1942, he suffered another accidental injury in the course of the performance of his duties. He was unable to work and was again paid his full salary from the time of the accident down to January 1st, 1944.
On November 26th, 1943, he filed a petition for compensation, claiming permanent injury as a result of the first accident, and on May 22d, 1944, when the matter came on for hearing, a further petition was filed based upon the second accident.
Following the filing of the first petition, the prosecutor, on December 23d, 1943, applied to the town pension fund for retirement from active service because of disability which he ascribed to the two above-mentioned accidents, and he was placed on pension as of January 1st, 1944.
The Bureau awarded temporary disability compensation for each accident, compensation for permanent disability as a result of the first accident to the extent of 20% of total, compensation for permanent disability as a result of the second accident to the extent of 30% of total, medical expenses and counsel fees. The Bureau further directed that the defendant was entitled to credit by reason of its payment to prosecutor of his salary during the periods he was ...