Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Dicostanzo v. Matthews Construction Co.

Decided: May 28, 1970.

FIORE DICOSTANZO, PETITIONER-APPELLANT, CROSS-RESPONDENT
v.
MATTHEWS CONSTRUCTION COMPANY, RESPONDENT-RESPONDENT, CROSS-APPELLANT



Kilkenny, Labrecque and Leonard. The opinion of the court was delivered by Kilkenny, P.J.A.D.

Kilkenny

[110 NJSuper Page 384] This is a workmen's compensation case. There is an appeal by petitioner and a cross-appeal by respondent from the judgment of the County Court fixing the amount awarded petitioner for permanent disability. Petitioner claims that he is entitled to a greater percentage; respondent maintains that a lesser percentage should have been fixed.

There is no dispute as to the happening of an accident on August 4, 1967 while petitioner, in the course of his employment as a laborer with respondent, was taking wooden cases, weighing about 250 to 300 pounds and four feet high and three feet wide, off a truck and placing them on a wagon. These cases were picked up manually, a cart being used to take them to a wagon. Petitioner was on one side of a case and was lifting that side by himself when he felt a sharp piercing pain in the lower part of his back. Concededly, petitioner suffered temporary and permanent disability. The issue involved below and here is the quantum of that permanent disability and the correctness of the County Court's evaluation is now before us for review.

The judge of compensation determined that petitioner's permanent disability "is orthopedic, neuropsychiatric and phlebothrombosis in nature, for residuals of orthopedic injuries to the back, a severe strain of back, a disc syndrome, an anxiety reaction and phlebothrombosis." He concluded the extent of permanent disability to be "22 I/2% of total, 5% of total being for the residual effects and damage caused by the phlebothrombosis, 10% of total being for the orthopedic injuries to the back and 7 I/2% of total for the neuropsychiatric disability."

In its appeal to the County Court respondent challenged that part of the Division's determination awarding petitioner partial permanent disability benefits for disability which "was neuropsychiatric and phlebothrombosis in nature." The County Court decided that "the award made in the Division of Workmen's Compensation should be sustained with respect to that part thereof awarding 7 I/2% of partial permanent disability for a neuropsychiatric disability but modified and reversed as to the award of 5% of partial permanent disability for the residual effects and damage caused by the phlebothrombosis."

The original award of 10% of total for the orthopedic injuries to the back has not been challenged on this appeal by either party. Petitioner's appeal to this court seeks a

reversal of that part of the County Court judgment which reversed the Division's award of 5% partial permanent disability for phlebothrombosis. Respondent's cross-appeal contests the award of 7 I/2% partial permanent for the neuropsychiatric disability.

I. Neuropsychiatric Disability

Both the Division and the County Court concurred in finding petitioner entitled to an award of 7 I/2% of total disability by reason of the neuropsychiatric residuals occasioned by this accident. Based upon the record as a whole, we find sufficient credible and substantial evidence to support this concordant determination. We affirm this aspect of the case under the guidelines laid down in Close v. Kordulak Bros. , 44 N.J. 589 (1965).

II. Phlebothrombosis Disability

The Division and the County Court disagreed as to this aspect of the case. The Division allowed, as part of its award to petitioner, 5% of total disability for the residual effects and damage caused by the phlebothrombosis. The County Court reversed as to this award of 5% for the residual effects and damage caused by the phlebothrombosis.

The accident happened on August 4, 1967. After a sleepless night, petitioner saw a Dr. Nazzaro the next day. The doctor, after hearing the history from the patient, advised him to sleep on the floor that evening. On the next day, August 6, petitioner awoke with severe and excruciating pain. He was thereupon admitted to Princeton Hospital, where he remained until August 13, 1967. The final ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.