Halpern, Larner and King. The opinion of the court was delivered by Larner, J.A.D.
[155 NJSuper Page 505] The Division of Workers' Compensation denied petitioner's application for additional medical care and temporary disability on the ground that the same was filed more than two years after the last payment of compensation. N.J.S.A. 34:15-51. It is undisputed that the last payment of compensation, which was in the form of increased permanent disability, was made on or about June 23, 1972, while the application which is under review on this appeal was filed on May 8, 1975. Petitioner has abandoned any claim for additional disability benefits, and thus limits her appellate contention to the propriety of the denial of medical care benefits.
A brief review of the facts and prior proceedings in the Division of Workers' Compensation is essential for the determination of this appeal.
Petitioner filed her first petition for workers' compensation benefits in 1967 for the disability resulting from the contraction of an occupational disease, namely, infectious hepatitis, as a result of exposure to viruses and disease while employed as a supervisor of nurses by respondent hospital. After a hearing on May 27, 1968, judgment was entered on June 3, 1968 for partial permanent disability of 27 1/2% of total, with a notation that respondent had already paid the appropriate amount of temporary disability for 11 5/7 weeks and also furnished medical treatment.
Pursuant to a petition for increased disability filed in 1969, petitioner was awarded an additional 12 1/2% of total by judgment entered on April 21, 1972. As already noted, the last payment pursuant to this judgment was made on June 23, 1972.
The record and the findings of the compensation judge in connection with the first application in 1968 are significant in the determination of the issue before us. Petitioner testified that in May 1966 she was in contact with a patient suffering from hepatitis and that her own condition was diagnosed as hepatitis. Her symptoms consisted of constant nausea, frequent abdominal pain and frequent heartburn and fatigue. She took medication regularly before eating and maintained a low-fat diet. Prior to the hearing she had been subjected to five hospital admissions when she was treated for her condition for varying periods of time in 1966 and 1967, and had continued to be under the constant care of her physician. Every two months she was subjected to blood examinations.
At that hearing counsel for respondent stipulated as follows:
And the agreement is to pay a doctor in the future for treatment, if she needs it, and this doctor will be supplied by the carrier.
Furthermore, the judge stated in his findings:
It is further agreed by the respondent that because of the nature of her condition the petitioner may need medical in the future, and, if so, they will provide the same through a physician to be named by them upon notification by the petitioner.
She is under continual care, medication and diet.
By way of formal codification, the judgment of June 3, ...