Hughes, Coolahan and Price. The opinion of the court was delivered by Coolahan, J.s.c. (temporarily assigned).
This matter comes before the court on appeal from judgment of the County Court increasing an award of compensation to the petitioner-respondent, Richard Walsh. Walsh v. Kotler , 43 N.J. Super. 139 (Cty. Ct. 1956). After a trial had in the Workmen's Compensation Division there was an award of 20% of partial total permanent disability for an occupational disease known medically as Dupuytrens Contracture. Walsh challenged the sufficiency of this award by appeal to the County Court. That court increased the award to 66 2/3% of partial total permanent disability and this appeal followed such action.
The respondent-appellant neither appealed nor cross-appealed in the County Court from the determination of the Workmen's Compensation Division. However, in its answering brief to the Walsh appeal in the County Court it raised the question of causal relationship and the County Court considered that question as though it had been properly presented by way of appeal or cross-appeal.
In the matter now before this court the appellant sets forth as a question involved the following:
"1. Did the County Court below, under R.S. 34:15-66 and R.R. 5:2-5 have jurisdiction to consider the entire case regardless of the party moving the cause?"
An appeal to the County Court from a judgment of a deputy director in the Workmen's Compensation Division is governed by R.S. 34:15-66, R.R. 1:2-12, and R.R.
5:2-5. The pertinent portion of R.S. 34:15-66 reads as follows:
"Either party may appeal from the judgment of the director, deputy director, or referee, to the county court of the county in which the accident occurred, or, if the accident occurred out of the State, then of the county wherein the hearing was had, by filing with the secretary of the division, and with the clerk of such county, a notice of appeal * * *."
It is conceded by the appellant that it did not file a notice of appeal from the Workmen's Compensation Division.
R.R. 1:2-12 states as follows:
"(a) Appeals to the county court from an order or determination of the Division of Workmen's Compensation ...