Fey v. Essex County.
| Citation | 41 A.2d 215 |
| Parties | FEY v. ESSEX COUNTY. |
| Decision Date | 03 February 1945 |
| Court | New Jersey Department of Labor-Workmen's Compensation Bureau |
OPINION TEXT STARTS HERE
Proceeding under the Workmen's Compensation Act by Phoebe Fey, claimant, opposed by the County of Essex, New Jersey, employer, to recover balance of disability compensation awarded to claimant's deceased wife. On death of Phoebe Fey, William Fey sought compensation as a dependent of Phoebe Fey.
Order for claimant.
Maurice M. Margolis, of Newark, for petitioner.
Edwin J. O'Brien, of Newark, for respondent.
WEGNER, Commissioner.
A formal petition was filed in the above-entitled matter making claim for compensation, pursuant to R.S.1937, 34:15, N.J.S.A.
This matter was tried before me on March 3, 1943, and a Determination of Facts and Rule for Judgment was entered, among other things giving judgment in favor of the petitioner and against the respondent for compensation for permanent disability on the basis of 30% of total disability, or 150 weeks at her compensation rate of $15.38, or a total of $2,307. The respondent made payments pursuant to said Determination to the above-named petitioner for a period of 61 weeks; in addition thereto respondent advanced the sum of $120 from the payments last to become due. On May 10, 1944 said petitioner, Phoebe Fey, died, leaving her surviving a husband, William Fey.
This matter was again brought on for hearing before me at the Compensation Bureau in Newark on November 29, 1944, at which time Maurice M. Margolis, Esq., appeared on behalf of decedent's husband, and Edwin Jos. O'Brien, Esq., appeared on behalf of the respondent.
It was stipulated that the above-named petitioner, Phoebe Fey, died from causes unrelated to the accident, and the question presented to me for determination was whether or not William Fey, husband of Phoebe Fey, deceased, was a dependent within the intendment of the Workmen's Compensation Act, so as to become entitled to the unpaid balance of the award made to the said Phoebe Fey, amounting to $1,248.82.
Mrs. Michael, a daughter of the deceased petitioner, testified that her father, the husband of the deceased petitioner, was at the time of decedent's injury and death an inmate of the Newark Convalescent Hospital and that, due to the fact that he was an extremely obese individual, it was necessary for all of his clothes to be made to his measurements and that all clothing bills were paid for by her mother in her lifetime. It further appeared from her testimony that...
To continue reading
Request your trial