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Kling v. Central Lumber & Millwork Co.

Decided: April 28, 1949.

ANNA ELSIE KLING, PLAINTIFF-RESPONDENT,
v.
CENTRAL LUMBER & MILLWORK CO., A CORPORATION, DEFENDANT-APPELLANT



On appeal from the Passaic County Court.

McGeehan, Donges and Colie. The opinion of the court was delivered by Donges, J.A.D.

Donges

This appeal brings up a judgment of the Passaic County Court affirming an award of the Workmen's Compensation Bureau in favor of plaintiff-respondent.

The sole question presented is whether or not a trauma sustained by respondent's husband on July 24, 1943, aggravated a then present brain tumor and caused his death on November 2, 1946. Appellant denies that the trauma was in any way related to the death of decedent.

Decedent, Joseph Kling, then 39 years of age, admittedly was injured in an accident arising out of and in the course of his employment with appellant on June 24, 1943. On that

day, decedent fell from a platform approximately ten to fifteen feet high, and sustained severe injuries. He was removed to the Passaic General Hospital, where he was treated by his family physician, Dr. J. Reuben Budd. The doctor testified that he saw decedent a short time after his admission to the hospital. He was asked: "Q. And when you saw him in the emergency room, doctor, what observation did you make of him? A. At that particular time he was rather drowsy. Of course, he had responded from being unconscious. And he had a fracture of the radius. I did not know what part at that time. It turned out to be the styloid process of the radius, and a fracture of the head of the left radius. * * *

"Q. Was that the second one? A. Yes.

"Q. What was the first one? A. Fracture of the styloid process of the radius, a fracture of the head of the radius, and a laceration of the left side of the forehead. * * *

"Q. And what about his condition as to being oriented as to time and place? A. At that particular time he was confused, and I was unable to get a complete history immediately."

And Dr. Budd further testified "He had two outstanding symptoms * * * These are complaints which he had early and which persisted right along, except to be aggravated or exaggerated. One was headache, and the second symptom was dizziness, and later on a third symptom which was disturbance of vision. These are the three outstanding symptoms. * * * These headaches were rather severe. They felt deep in the head. He complained that they were deep-seated type of headache. * * * These headaches persisted without abatement from the time he was injured to the time he entered the hospital, this last time I saw him. The dizziness also, and the diminution of vision, that started about January of 1946. * * * The dizziness and headaches were from the very onset and persisted unabated to the time I last saw him." He further testified that he sent decedent to a Dr. Ehrlich, a neurosurgeon, and further testified: "My diagnosis previous to sending him to Dr. Ehrlich was a brain tumor.

"The Court: Of course, that is in addition to ...


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