On appeal from the Department of Labor and Industry, Division of Workmen's Compensation.
This is an appeal by respondent from an adverse judgment in the Workmen's Compensation Division. The matter is before me on such appeal under an agreed stipulation of facts consented to by the respective parties through their attorneys.
The pertinent portions of the stipulation follow:
1. It was heretofore adjudicated that petitioner met with an accident arising out of and in the course of his employment on or about August 11, 1942, and that an award in his favor for 100% total permanent disability was entered under date of February 29, 1944.
2. Respondent complied with the terms of said order by the payment of compensation until said payments terminated at the expiration of said order, on September 4, 1951.
3. On September 6, 1951, petitioner was certified by the New Jersey Rehabilitation Commission in accordance with section 12-B of the Workmen's Compensation Act.
4. Petitioner is now employed at wages in excess of those earned by him at the time of his compensable accident, at which time he was earning $43 per week but is now earning approximately $63.45 per week.
5. Petitioner contends that he is entitled to payments from the respondent at the rate of $5.00 per week from September 4, 1951 to date, and to continue, while respondent contends that it has no obligation to make further payment to the petitioner of any sum whatsoever, and that its obligation to the petitioner has been completely discharged.
6. The parties agree that the Division of Workmen's Compensation may determine the respective rights and liabilities of the parties in accordance with and upon the basis of the foregoing stipulation of facts.
The statute (R.S. 34:15-12 b) in effect at the time of the formal adjudication of his original claim (February 29, 1944) is quoted below. I have inserted parenthetically changes that were made in the paragraph under L. 1945, c. 74 (effective January 1, 1946), and underscored a phrase that was deleted in the 1945 amendment. The sentences comprising paragraph (b) have been numbered "No. 1 through No. 5" in the left-hand margin for the purpose of ready reference. The section was also amended in 1950 and 1951 but no change was made in paragraph (b) except for a maximum weekly compensation increase to $30 in 1951.
"b.For disability total in character and permanent in quality,
66 2/3 per cent of the wages received at the time of in-
#1 jury, subject to a maximum compensation of 20 (25)
dollars per week and a minimum of 10 dollars per week,
if at the time of injury the employee received wages of
less than 10 dollars per week then he shall receive the
full amount of wages per week. This compensation shall
be paid for a period of 400 (450) weeks, at which time
compensation payments shall cease unless the employee
shall have submitted to such physical or education re-
#2 habilitation as may have been ordered by ...