Cavalcante v. Lockheed Electronics Co.

Decision Date01 February 1966
Docket NumberNo. A--519,A--519
Citation90 N.J.Super. 243,217 A.2d 140
PartiesAngela Ann CAVALCANTE, Petitioner-Respondent, v. LOCKHEED ELECTRONICS COMPANY, Respondent-Appellant.
CourtNew Jersey Superior Court — Appellate Division

Gerald W. Conway, Newark, for appellant (Schreiber, Lancaster & Demos, Newark, attorneys; John C. Demos, Newark, of counsel).

Thomas E. O'Gorman, Newark, for respondent.

Before Judges GOLDMANN, FOLEY and COLLESTER.

PER CURIAM.

Respondent appeals from an award of compensation entered in the County Court reported at 85 N.J.Super. 320, 204 A.2d 621 (1964), affirming a similar award in the Workmen's Compensation Division.

Paraphrasing the conclusion of the trial court, we are of the opinion that it was reasonable for this employee, sent to a distant place by his employer for an indeterminate number of days, to perform emergent duties with the greatest possible dispatch, to seek some physical relaxation during the period of his intensive work; that his activities in this regard were of themselves not unreasonable; and therefore that the accident in which he was involved, resulting in his death, arose out of and in the course of his employment.

Affirmed.

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12 cases
  • Sauerwein v. Department of Industry, Labor and Human Relations
    • United States
    • Wisconsin Supreme Court
    • February 7, 1978
    ...to his work. The applicant cites Cavalcante v. Lockheed Electronics Co., 85 N.J.Super. 320, 204 A.2d 621 (1964) (affirmed 90 N.J.Super. 243, 217 A.2d 140 (1966)) to show that a traveling employee who is away from home at the direction of his employer is covered by the personal comfort doctr......
  • Voight v. Rettinger Transp., Inc.
    • United States
    • Minnesota Supreme Court
    • June 5, 1981
    ...covered by Workers' Compensation Act); Cavalcante v. Lockheed Electronics Co., 85 N.J.Super. 320, 204 A.2d 621 (1964) aff'd 90 N.J.Super. 243, 217 A.2d 140 (1966) (reasonable for a worker who had been putting in long and odd hours some 150 miles from home to seek relaxation at dance hall); ......
  • Cremen v. Harrah's Marina Hotel Casino
    • United States
    • U.S. District Court — District of New Jersey
    • February 22, 1988
    ...A.2d 783, 785 (1959); Cavalcante v. Lockheed Electronics Co., 85 N.J.Super. 320, 204 A.2d 621 (Union Cty.Ct.1964) aff'd. 90 N.J.Super. 243 217 A.2d 140 (App.Div. 1966). Finally, and most importantly, New Jersey courts employ a "positional risk" or "but for" test for determining whether an i......
  • Salierno v. Micro Stamping Co.
    • United States
    • New Jersey Superior Court — Appellate Division
    • September 19, 1975
    ...A.2d 854 (App.Div.1963); Cavalcante v. Lockheed Electronics Co., 85 N.J. Super. 320, 204 A.2d 621 (Cty.Ct.1964), aff'd 90 N.J.Super. 243, 217 A.2d 140 (App.Div.1966). The basic rule for determining that an injury arises in the course of employment is that it take place within the period of ......
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