Civil action. On appeal from New Jersey Department of Labor and Industry, Division of Workmen's Compensation.
[44 NJSuper Page 74] This is an appeal from a judgment rendered by the Deputy Director in the Division of Workmen's Compensation.
The petitioner, Rocco Fierro, met with a compensable accident on November 19, 1932. As a result, he was awarded compensation for temporary disability and subsequently for permanent total disability, his affliction being a skin disease found to be due to said accident. See Fierro v. Public Service Co-Ordinated Transport , 18 N.J. Misc. 597 (W.C.B. 1940), affirmed 131 N.J.L. 552 (Sup. Ct. 1944).
On August 5, 1944 petitioner filed a claim petition, claiming extended compensation under the provisions of R.S. 34:15-12(b) beyond the 400 weeks already allowed and paid for the permanent total disability. After hearing, a supplemental order was entered in the Workmen's Compensation Bureau directing the respondent to pay petitioner 153 4/7 weeks (or the lump sum of $3,071.43) which had accrued since the expiration of the payment for the 400 weeks, and further directing that the respondent continue to pay regular weekly compensation subject to the statutory provisions. The respondent has complied with this order and it continues to send petitioner weekly compensation payments.
On April 2, 1956 the petitioner filed a new claim petition with the Division of Workmen's Compensation for "the purpose of reopening the matter to the end that an order be made * * * directing the respondent to pay the petitioner the sum of $7,507.00 * * *" for monies alleged to have been spent by the petitioner "* * * for medications, special services, replacement of clothes and sleeping necessities * * *," all allegedly required as a result of the permanent disability previously adjudicated.
The petitioner annexed an affidavit to this claim petition, in which he recites the occurrence of the November 19, 1932 accident; his incapacitation, and the fact of the permanent compensation award. In paragraph 3 thereof he states:
"As a result of the said accident, I suffered a skin disorder of the entire body and in order to alleviate the condition it is necessary that I regularly and continually cover myself completely with a coat of vaseline which I purchase in large quantities. The following items are all required and necessary in connection with the permanent skin disease from which I suffer, as a result of said accident."
After the hearing the Deputy Director found and determined that:
"The medications, special services, replacement of clothes and sleeping necessities as set forth in the affidavit annexed to the petition filed for re-opening this matter are all required and made necessary as a result of the total permanent disability suffered by the petitioner while in the employ of the respondent in an accident which occurred on November 19, 1932."
and ordered respondent to pay the cost of medication, special services, replacement of clothes and sleeping necessities, for a period of 15 years to and including July 31, 1956 in the sum of $6,926.50, ...