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Bodnar v. Florence Pipe Foundry and Machine Co.

Decided: July 19, 1947.

ALEX BODNAR, PROSECUTOR-PETITIONER,
v.
FLORENCE PIPE FOUNDRY AND MACHINE COMPANY, DEFENDANT-RESPONDENT



On writ of certiorari.

For the prosecutor-petitioner, George Pellettieri.

For the defendant-respondent, Robert Peacock.

Before Case, Chief Justice, and Justices Parker and Burling.

Burling

The opinion of the court was delivered by

BURLING, J. This is a workmen's compensation case. A writ of certiorari was granted to review the order of the Honorable Charles A. Rigg, Judge of the Court of Common Pleas of Burlington County and the resulting judgment. The determination and judgment of the Workmen's Compensation Bureau of the Department of Labor, awarding the prosecutor (employee) compensation, inter alia, for a partial permanent ten per cent. disability was set aside. The amount of the award for partial permanent disability had accrued for fifty weeks at $20 per week or $1,000.

The sole question for determination is whether the prosecutor sustained the burden of proof by the preponderance of the credible testimony that he suffered a partial permanent disability of ten per cent. of total disability.

The two tribunals which passed upon the question arrived at opposite judgments upon the facts. Whether they are in conflict or accord, it is our duty under the statute (R.S. 2:81-8 and 34:15-66) to determine the law and facts independently

of the finding thereon by the lower courts. Beerman v. Public Service Co-ordinated Transport (Supreme Court, 1939), 123 N.J.L. 479.

Accordingly we proceed to our duty to evaluate the testimony and determine the facts.

In the presentation of the prosecutor's case to the Bureau, he submitted his own testimony and the medical testimony of Dr. Urbaniak.

Prosecutor was fifty-eight years of age at the time of the hearing (May 27th, 1946) and was employed by the respondent as a laborer. During the course of his duties on May 11th, 1945, he was operating a grinding machine. The grinder on the machine struck him on the right side. It staggered him and he was knocked backward approximately ten feet from the machine and with assistance he raised himself and walked about one-half mile to the employer's first aid hospital. The grinder is a shaft about ten feet long, with three grinding wheels eight inches in diameter on the end. The prosecutor testified he ...


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