Fantasia v. Hess Oil & Chemical Corp.

• Decision Date: 14 May 1970
• Citation: Fantasia v. Hess Oil & Chemical Corp., 265 A.2d 565, 110 N.J.Super. 360 (N.J. Cty. Ct. 1970)
• Parties: Laraine FANTASIA, Petitioner-Appellant, v. HESS OIL AND CHEMICAL CORP., now Hess Oil and Chemical Div., Amerada Hess Corp., Respondent-Appellee.
• Court: New Jersey County Court

Page 360

110 N.J.Super. 360

265 A.2d 565

Laraine FANTASIA, Petitioner-Appellant, v. HESS OIL AND CHEMICAL CORP., now Hess Oil and Chemical Div Amerada Hess Corp., Respondent-Appellee.

Bergen County Court Law Division, New Jersey.

May 14, 1970.

John M. Strichek, Jersey City, for petitioner-appellant (Waters & McPherson, Jersey City, attorneys).

James A. Robottom, Bloomfield, respondent-appellee (Haskins Robottom & Hack, Bloomfield, attorneys).

ARNOLD, J.C.C.

This is an appeal from the Division of Workmen's Compensation wherein dependency benefits are sought for a widow and three minor children. The matter was before this court once before and was remanded in order to make the record more complete.

The parties agree that decedent was a member of a union engaged in a labor dispute with respondent. Joseph P. Fantasia, age 24, was an employee of respondent. He died on June 20, 1966 when he was struck by an automobile while acting as a picket at the entrance to respondent's premises which are located on Route 46 at the traffic circle in Little Ferry, New Jersey. The automobile which struck him was owned by a third party who had no interest in the labor dispute; it accidentally left the roadway, went onto the Hess property and struck decedent, causing his death.

The only factual dispute of the parties is whether the union of which decedent was a member was locked out or whether it was on strike at the time of the accident.

Petitioner contends there was a lockout, and therefore there was no severance of employment between decedent and respondent, and that petitioner is entitled to the benefits provided by the Workmen's Compensation Act. Respondent contends that the accident did not arise out of and in the course of employment, and therefore petitioner was not entitled to the benefits of the act.

The only evidence presented in the matter was testimony by Leonard P. Conte, the secretary and treasurer of Teamster's Local 866, who was called as a witness by petitioner. His testimony was uncontradicted, and the evidence demonstrates there was a lock-out and not a strike in progress at the time of the accident.

Social legislation such as the Workmen's Compensation Act ought to be liberally construed and not given a restrictive construction. See Binet v. Ocean Gate Board of Education, 90 N.J.Super. 571, 218 A.2d 869 (App.Div.1966). Liberal construction of the act is usually applied when questions arise, such as what constitutes the premises, what are the hours of employment, and what are substantial departures from employment.

We deal with a labor dispute. Cousel have been unable to find any authority which would either support or deny an award of workmen's compensation. It would appear as a general rule that union activities which do not simultaneously serve the interest of the employer do not fall within the course of employment. See Tegels v. Kaiser-Fraser Corp., 329 Mich. 84, 44 N.W.2d 880 (Sup.Ct.1950). See also Larson Workmen's Compensation Law (1968 ed.), § 27.33, at 452.56.

Certainly the picketing involved here was not in the interest of the...