On appeal from Division of Workmen's Compensation.
This is an appeal by the petitioner from the denial by the Division of Workmen's Compensation of a claim for additional disability allegedly resulting from an accident which occurred on October 3, 1952.
The petitioner was previously awarded compensation for 50% of total permanent disability. The Division held that she was 100% totally and permanently disabled but that only 50% was attributable to the injuries suffered in the compensable accident and the remaining 50% was due to pre-existing disability not causally related to the accident. Thereafter, a petition for compensation for the balance of the total disability out of the One Per Cent Fund pursuant to N.J.S.A. 34:15-95 was denied by the Commissioner. On appeal to this court, the claim was allowed. Mayti v. Male , 59 N.J. Super. 478 (Cty. Ct. 1960).
The determination of this court as to the right of petitioner to recover from the One Per Cent Fund was appealed
to the Appellate Division. In the meantime petitioner had filed a petition for further compensation for additional disability resulting from the compensable accident. This petition had been stayed in the Division pending determination of the One Per Cent Fund claim.
After determination of the One Per Cent Fund claim here and appeal therefrom to the Appellate Division, appellant applied to the Appellate Division for a stay of the appeal pending determination in the Division of the claim for additional compensation from the employer. The employer, Singer Mfg. Co., was joined as a party to the appeal in the One Per Cent Fund matter, and petitioner's motion for a stay of the appeal was granted.
Thereafter the petition for additional compensation ran a two-year course through the Division. On April 24, 1962, it was denied. The appeal to this court is taken merely as an indispensable step in getting the matter before the Appellate Division.
This case rivals the record of Jarndyce v. Jarndyce (Dickens-Bleak House) in wending its weary way through the Division and the courts. Mrs. Mayti was 59 years of age when she was injured. She is now at or near 70 years of age. She is seriously ill and may not attain normal life expectancy. It seems unlikely that she will survive to receive any of the payments from the One Per Cent Fund awarded to her 2 1/2 years ago, even if the award is sustained.
To avoid any further delay, I shall present my conclusions at once and without extensive research.
The judge of compensation held that the petitioner has suffered an increase of 10% of partial permanent disability from her employment related injury, but denied compensation therefor upon the ground that since she has been awarded compensation for 100% total permanent disability from the two combined sources, i.e. , the employer and the One Per Cent Fund, she can be awarded no more. He also noted ...