Aissen v. Reiner Const. Co., C. P. No. 73260.

• Decision Date: 03 November 1943
• Docket Number: C. P. No. 73260.
• Parties: AISSEN v. REINER CONST. CO.
• Court: New Jersey Department of Labor-Workmen's Compensation Bureau

34 A.2d 415

AISSEN

v.REINER CONST. CO.

C. P. No. 73260.

New Jersey Department of Labor-Workmen's Compensation Bureau.

Nov. 3, 1943.

Proceeding under Workmen's Compensation Act by Oscar A. Aissen, claimant, against Reiner Construction Company, employer.

Determination of facts and rule for judgment for petitioner in accordance with opinion.

David Roskein, of Newark, for petitioner.

James J. Bannon, Jr., of Newark, for respondent.

MEDINETS, Deputy Commissioner.

A formal petition having been filed in the above-entitled matter praying for compensation under the terms of the Workmen's Compensation Act of this State, N.J.S.A. 34:15-1 et seq., and an answer having been duly filed by the respondent, and the matter having come on for hearing before me, Harry S. Medinets, Deputy Commissioner of Compensation, at Newark, New Jersey, the petitioner being represented by David Roskein, and the respondent by James J. Bannon, Jr.

The respondent denied that the petitioner's accident, which occurred on June 19, 1943, while he was on a public highway, at or in the vicinity of 66 Augusta Street, Irvington, New Jersey, arose out of and in the course of his employment with the respondent. The testimony of the petitioner, which is undisputed, indicated that he was employed by the respondent as a painter, and that on the day in question he was directed by his employer, Carl Reiner, to repair to his home at 361 Fabyan Place, Newark, New Jersey, for the purpose of collecting his weekly salary. The testimony discloses that it was the custom of the respondent to pay off his employees on Saturday at one o'clock at the place where they were working. On the day in question, the undisputed testimony discloses, Carl Reiner called at 66 Augusta Street, Irvington, New Jersey, where the petitioner was in the performance of his duties as a painter, and directed, upon the termination of his day's employment, to call at his home for his pay, as the employer had, for some reason, been unable to make such payment as he customarily did. While in the act of crossing the street the petitioner was struck by a motor vehicle. He was hospitalized in the Irvington General Hospital from June 19th, 1943, to June 25th, 1943, and thereafter he underwent medical treatment by Dr. Maclyn F. Baker. The reasonable cost of such hospitalization and medical treatment is properly chargeable to the respondent.

After hearing the testimony I have come to the conclusion that the petitioner should prevail, and find as a fact that the automobile accident, sustained by the petitioner, arose out of and in the course of his employment with the respondent. That petitioner was in the act of going to his employer's home for his pay; that the employer had requested the petitioner so to do and...