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Brown v. Jamesburg State Home for Boys

Decided: February 23, 1960.

JOSEPH BROWN, PETITIONER-APPELLANT,
v.
JAMESBURG STATE HOME FOR BOYS, A PENAL INSTITUTION, AND THE STATE OF NEW JERSEY, RESPONDENT-RESPONDENT



Workmen's compensation appeal.

Nadell, J.c.c.

Nadell

This is an appeal from a judgment dismissing the petition for compensation against the State of New Jersey of Joseph Brown for injuries suffered by him while an inmate in the State Home for Boys at Jamesburg. The judgment appealed from is dated June 17, 1959, and was entered by Deputy Director Harold A. Ackerman of the Division of Workmen's Compensation of the New Jersey Department of Labor and Industry.

The facts are not in issue. The parties agreed to a stipulation of facts which sets forth both the facts and the issues involved. This stipulation reads as follows:

"1. Petitioner, Joseph Brown, was an inmate at the State Home for Boys at Jamesburg, where he had been committed for stealing an automobile, as a result of an order of the Judge of Juvenile and Domestic Relations Court, County of Passaic, dated December 7, 1955. This was his third commitment to the State Home for Boys at Jamesburg.

2. On April 3, 1956 following, when he was 14 years of age, he fell from a truck and was run over by a tractor while working in the truck garden at the institution, suffering injuries of the left hip. He was hospitalized at the Princeton Hospital on the same day where it was found upon examination that he had suffered a posterior dislocation of the left hip. The dislocation was adjusted by physicians at the said hospital and the petitioner was returned to the institution on April 6, 1956. After two weeks of bed rest, he ambulated with crutches and apparently suffered no permanent disability from the incident. However, a physical examination made

of him on February 27, 1957 at the Jamesburg institution disclosed 'moderate deformity of left hip.' It is stated in a claim under affidavit of petitioner's grandmother, Little Parks, that the x-ray taken at the hospital discloses 'a fracture at the head of the femur' and that petitioner 'was operated on at the Princeton Hospital and an open reduction was performed.' Examination of the hospital records disclosed no fractures or open reduction but did disclose a closed reduction for dislocation.

3. Petitioner was recommitted to the State Home for Boys at Jamesburg by Order of the Judge of Juvenile and Domestic Relations Court, County of Passaic, dated February 11, 1957. He was paroled on December 13, 1957 and re-arrested on February 11, 1958 in Passaic County for breaking, entering and larceny of auto. He is presently confined in the Annandale Reformatory on that charge based upon a plea of guilty.

4. At no time during any of the commitments and specifically at no time during the commitments which include the date of April 3, 1956, was there any oral or written contract for hire entered into between Petitioner and Respondent nor did Petitioner receive any monies from the Respondent for any work performed by him for the Respondent.

5. As part of its rehabilitation work, respondent operates a training school at the Jamesburg Reformatory in which petitioner was a student, which training school has recognized academic standing and instructors of which are duly certified by the State Board of Education.

6. It is further stipulated that treatment was rendered to the Petitioner at the Respondent's request by the doctors in attendance at the infirmary at the Jamesburg Institute and at the Princeton Hospital.

7. It is further stipulated that photostatic copies of the records, if required, of the said hospital will be admitted in evidence without further or formal proof ...


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