This is an appeal from a determination and judgment entered in the Workmen's Compensation Bureau, New Jersey Department of Labor, awarding compensation to petitioner-appellant (hereinafter referred to as petitioner) under our Workmen's Compensation Act. Under the facts and stipulations, the following elements are not in dispute:
1. That petitioner was, on the date of the claimed accident, in the employ of respondent-appellee (hereinafter referred to as respondent).
2. That petitioner's wages were such as to make effective a compensation rate of $25 per week.
3. That respondent had due and timely notice of injury, i.e. , the alleged accident, although respondent contests the fact of accident within the intendment of the law.
4. That petitioner received his full salary during his temporary incapacitation, and no compensation is due him for temporary disability.
The sole remaining issues, on which the case turned below, are whether there did, in fact, occur an accident arising out of and in the course of the employment, and, if so, the extent of partial permanent disability resulting therefrom.
Narrowing the issues further, it may be noted that the medical cases of petitioner and respondent agree that the former suffered a coronary occlusion with anterior myocardial infarction. There is some difference of opinion as to the time when the occlusion occurred. The petitioner's proofs indentified this attack, as to time, with a long and burdensome automobile trip which concluded an energetic day in a distant city spent on respondent's business. The respondent's medical witness thought this occlusion, the "damaging attack," occurred when, a short time after his arrival home, petitioner was prostrated with the severe pain caused thereby. The opposing medical cases further seem to coincide on the principle that the petitioner's present disability is caused by underlying residual damage, of a permanent nature, stemming from the coronary occlusion.
The crucial point of variance, however, seems to be whether, and, if so, to what extent, there should be attributed to the employment of the petitioner, an aggravation of residual damage to the heart structure, claimed by petitioner to be caused by the unusual strain of the work in which he was employed during, and shortly after, the original coronary occlusion.
Upon the basis of the whole of the record, including the transcript of the evidence taken below, I find the facts and conclude the law applicable thereto to be as follows:
Petitioner was the managing director of the respondent, his duties involving the promotion and marketing of poultry products. On July 30, he drove in his automobile to Ithaca, New York, and thence, on the following day to Saratoga Springs. His immediate business was to arrange for the approaching convention of poultry producers sponsored by his organization. On the day following his arrival in Saratoga Springs, which ...