For the prosecutors Lewis Steel Products Corporation, New York Standard Manufacturing Co. and Enterprise Tinware Co., Inc., Otis & Kilkenny (Victor S. Kilkenny, counsel).
For the prosecutors W. E. Warner & Co., Inc., Coult, Satz, Morse & Coult (Joseph Coult, Jr., of counsel).
For the respondent, Abner W. Feinberg (David Roskein and John A. Laird, of counsel).
Before Justices Bodine, Perskie and Wachenfeld.
The opinion of the court was delivered by
WACHENFELD, J. This writ of certiorari brings up a judgment of the Hudson County Court of Common Pleas in a workmen's compensation case. That court reversed the determination of the Bureau, which denied respondent compensation for herself, as widow, and the two minor children of Samuel Globerman, deceased.
For many years Samuel Globerman worked on a commission basis for each of the prosecutors as a salesman. He covered
an area of his own selection in his own automobile and took orders from retail customers. Prosecutors would ship directly to the customers, who in turn made direct payments. Prosecutors paid commissions after making Social Security deductions. Prosecutors did not direct decedent to cover a certain area, but at times referred accounts to him for adjustment, advised him not to solicit certain customers who were approached by other salesmen, and referred prospective customers to him.
On August 26th, 1940, while performing the aforesaid services, decedent called upon a customer named Samuel Leiberman, who saw decedent walk out to his car and open the trunk door to obtain certain samples. Decedent then reappeared with a sample and told the customer that he was hit on the head by the door of the trunk. He then sat down and applied cold towels to his head for an hour. He continued in his employment until September 10th, 1940, when, while calling upon a customer, he suddenly collapsed. Taken to the hospital, his right arm and leg were found to be paralyzed and he was unable to speak. After undergoing continuous treatment at the hospital, he died on September 18th, 1940. Based on information provided by respondent, the attending physician diagnosed the death as arising from embolism of cerebral artery and chronic cardiac valvular disease, rheumatic.
For several years decedent had suffered from a heart murmur and was known to have a rheumatic heart condition. Prior to August 26th, 1940, he had been jovial and good natured, but after that date his personality changed and he became moody, irritable, and complained of headaches and dizziness.
A year and a half after death decedent's body was exhumed and an autopsy performed. The head showed no evidence of lacerations, bleeding or a blow, and an ...