Franzen v. E.I. Dupont Denemours & Company

• Decision Date: 31 July 1942
• Citation: 128 N.J.L. 549,27 A.2d 615
• Docket Number: 212
• Court: New Jersey Supreme Court
• Parties: REBA NORA FRANZEN, PETITIONER-RESPONDENT, v. E.I. DUPONT DENEMOURS & COMPANY, RESPONDENT-PROSECUTOR

27 A.2d 615

128 N.J.L. 549

FRANZEN

v. E. I. DU PONT DE NEMOURS & CO.

No. 212.

Supreme Court of New Jersey.

July 31, 1942.

Syllabus by the Court.

1.A contract of employment made in the State of Louisiana is governed by the law of that state.

2.The law of Louisiana may impose terms upon a contract of service entered into in that State different from those provided for in our Workmen's Compensation Act.

Proceedings under the Workmen's Compensation Act, N.J.S.A. 34:15-1 et seq., by Reba Nora Franzen to recover compensation for death of her husband, George Albert Franzen, opposed by E. I. duPont De Nemours & Company.To review an award of compensation, E. I. duPont de Nemours & Company brings certiorari.

Reversed.

May Term, 1942, before BODINE, HEHER, and PERSKIE, JJ.

Katzenbach, Gildea & Rudner and Louis Rudner, all of Trenton, and Carl E. Geuther, of Philadelphia, Pa., for respondent-prosecutor.

Abraham J. Slurzberg, of Jersey City, for petitioner-respondent.

BODINE, Justice.

Certiorari was allowed to review an award of compensation to the widow of George Albert Franzen, who was killed August 6, 1939, as the result of an accident admittedly arising out of and in the course of his employment at the defendant's Baton Rouge, Louisiana, plant.The writ goes directly to the determination of the Bureau, since the accident did not occur in this State.Steinmetz v. Snead & Co., 123 N.J.L. 138, 141, 8 A.2d 126;Stetser v. American Stores Co., 124 N.J.L. 228, 11 A.2d 51;Burdick v. Liberty Motor Freight Lines, Inc., 128 N.J.L. 229, 25 A.2d 14.

The question to be determined is the place where the contract of employment was made under which deceased was working at the time of his death.If the contract was not made in this State, the Bureau was without jurisdiction and whatever remedy the plaintiff may have is in another forum.

The determination of the situs of a contract of employment is a question of fact.Was the deceased employed under a contract made in this State at the time of the accident resulting in death?We decide that he was not.

In 1937, it was necessary to lay off men at the defendant's Deepwater Point plant.Men were being employed at its Baton Rouge plant.Franzen was one of those employed at Deepwater who was laid off.He procured employment at the Baton Rouge plant and signed there a contract of employment limited for workmen's compensation purposes to a forty hour week.The employment in Louisiana continued from April 23, 1937, to August 6, 1939.The testimony shows that the word "transferred" on his New Jersey card had nothing to do with the new employment, but was so noted so as to preserve the employee's benefits under certain plans the company had for his future.His travelling expenses were paid by the Louisiana plant and no allowance was made for time lost in travel.While working in Louisiana, unemployment...