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Stewart v. Wright Aeronautical Corp.

Decided: January 12, 1948.

DOROTHY STEWART, PETITIONER-DEFENDANT,
v.
WRIGHT AERONAUTICAL CORPORATION, A NEW JERSEY CORPORATION, RESPONDENT-PROSECUTOR



On writ of certiorari.

For the petitioner-defendant, J. Lewis Abramowitz (Milton Schamach, of counsel).

For the respondent-prosecutor, John W. Taylor.

Before Case, Chief Justice, and Justice Burling.

Burling

The opinion of the court was delivered by

BURLING, J. This is a workmen's compensation case, in which a temporary award was made by the Workmen's Compensation Bureau for temporary disability for a period of 47 days, in the amount of $134.28, and a further award of permanent disability calculated at 3% of total disability for the sum of $300. On an appeal to the Bergen County Court of Common Pleas, the award of the Bureau was affirmed without an opinion.

The matter comes before this court on the return of the writ of certiorari to review these proceedings.

The petitioner was employed by the respondent as a turret lathe operator from February, 1942. It was alleged in the claim petition that she sustained an accident on February 24th, 1945, on the premises of the respondent at its plant No. 7 in Woodbridge, New Jersey, while operating a lathe machine "oil splashed onto petitioner's both arms, hands and face, causing injuries thereto."

The period of temporary loss of employment did not occur until April 21st, 1945, and as heretofore stated lasted for forty-seven days.

The prosecutor sets down two reasons for the reversal of the judgment below.

1 -- Petitioner's disability was not occasioned by a compensable occupational disease or injury by "accident."

2 -- Respondent had no knowledge or notice of an injury by accident within the time and in the form required by R.S. 34:15-17 and 18.

The petitioner's disability was due to a skin disease termed "dermatitis venanata." This disease was not classified as a compensable occupational disease at the time of the event. The legislature in 1945 did add it to the list of compensable occupational diseases but the act was not ...


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