Deslauriers Column Mould Co. v. Jackson
| Decision Date | 26 February 1925 |
| Docket Number | No. 274.,274. |
| Citation | 127 A. 798 |
| Parties | DESLAURIERS COLUMN MOULD CO. v. JACKSON. |
| Court | New Jersey Supreme Court |
Proceeding under Workman's Compensation Act by William Jackson, for injuries, opposed by the Deslauriers Column Mould Company, employer. From an order of Compensation Bureau, denying a motion to dismiss the petition for lack of jurisdiction, the employer brings certiorari. Finding of commissioner set aside and reversed.
Argued October term, 1924, before KALISCH, BLACK, and CAMPBELL, JJ.
Frank G. Turner, of Jersey City, for prosecutor.
Elizabeth Blume, of Newark, for respondent.
This writ brings up for review proceedings before the Workmen's Compensation Bureau. The respondent was injured October 25, 1922, and, pursuant to an agreement between him and the prosecutor, his employer, he was paid $168, the last payment being in February, 1923. On June 13, 1924, the present petition for compensation was filed, and, the cause coming on to be heard by the Compensation Bureau, prosecutor moved for a dismissal of the petition on the ground of lack of jurisdiction, inasmuch as the right of recovery of compensation was barred by the statute. This application being denied by the deputy commissioner, this writ was sued out.
Respondent urges that the writ was improvidently issued, inasmuch as there is no judgment entered in the proceeding before the Bureau. This we think is of no moment because the question presented is one of jurisdiction.
Paragraph (h) of section 23, P. L. 1919, p. 201, c. 93, provides:
"In case of personal injury or death all claims for compensation on account thereof shall be forever barred unless a petition is filed in duplicate with the secretary of the Workmen's Compensation Bureau * * * within one year after the date on which the accident occurred, or in case an agreement of compensation has been made between such employer and such claimant, then within one year after the failure of the employer to make payment pursuant to the terms of such agreement; or in case a part of the compensation has been paid by such employer, then within one year after the last payment of compensation."
The petition was not filed within one year from any of the periods fixed by the foregoing section. The respondent urges that the application may be made at any time under paragraph (f) of section 21, c. 93, P. L. 1919, supra, which is as follows:
"An agreement or award of compensation may be modified at any time by a subsequent...
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Barry v. Wallace J. Wilck, Inc., A--864
...of Certiorari to the former Supreme Court, even though no final judgment of the Division be involved (Deslauriers Column Mould Co. v. Jackson, 3 N.J.Misc. 258, 127 A. 798 (Sup.Ct.1925). Pursuant to the mandate contained in our 1947 Constitution (Art. VI, Sec. V, par. 4), our new Supreme Cou......
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Pfahler v. Eclipse Pioneer Division of Bendix Aviation Corp.
...having been filed out of time, even though not a final judgment, since the matter was one of jurisdiction. Deslauriers Column Mould Co. v. Jackson, 127 A. 798, 3 N.J.Misc. 258 (1925). Under our present practice it has been held that Rule 3:81--8 (now R.R. 4:88--8) 'was intended to provide a......
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Halloran v. Haffner
...of Certiorari to the former Supreme Court, even though no final judgment of the Division be involved (Deslauriers Column Mould Co. v. Jackson, 127 A. 798, 3 N.J.Misc. 258 (Sup.Ct.1925)). Pursuant to the mandate contained in our 1947 Constitution Art. VI, Sec. V, par. 4), our new Supreme Cou......
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Anderson v. Pub. Serv. Elec. & Gas Co.
...of the Workmen's Compensation Bureau to dismiss the employee's claim for increased disability compensation. Deslauriers Column Mould Co. v. Jackson, 127 A. 798, 3 N. J. Misc. 258; McLaughlin v. Hahne & Co., 169 A. 542, 12 N. J. Misc. It is strongly urged that the denial or refusal to dismis......