Lipinski v. Curtiss-wright Corp..., C. P. No. 68023.

• Decision Date: 22 May 1944
• Docket Number: C. P. No. 68023.
• Parties: LIPINSKI v. CURTISS-WRIGHT CORPORATION.
• Court: New Jersey Department of Labor-Workmen's Compensation Bureau

37 A.2d 814

LIPINSKI
v.
CURTISS-WRIGHT CORPORATION.

C. P. No. 68023.

New Jersey Department of Labor-Workmen's Compensation Bureau.

May 22, 1944.

Proceedings under the Workmen's Compensation Act on petition of Theodore Lipinski against Curtiss-Wright Corporation to recover compensation for an alleged accidental injury to petitioner's heart.

Petition dismissed.

Manfield G. Amlicke, of Passaic (Nathan Rabinowitz, of Paterson, of counsel), for petitioner.

John W. Taylor, of Newark, for respondent.

STAHL, Deputy Commissioner.

A formal claim petition having been filed seeking benefits under the terms and provisions of the Workmen's Compensation Act of the State of New Jersey, as amended and supplemented, N.J.S.A. 34:15-1 et seq., and the respondent having duly filed its answer this matter came on before me in the regular way for hearing at Paterson on January 14, 1944, January 28, 1944, February 25, 1944, and March 24, 1944, at which times Nathan Rabinowitz, Esq., appeared for the petitioner, and John W. Taylor, Esq., appeared for the respondent.

Petitioner testified that he was employed by the respondent to work in its trimming department, on February 17, 1942; that he continued to be so employed until July 22, 1942; that on July 10, 1942 at 3:15 P.M. as he jammed a propeller into a vise he felt pain in his chest and immediate weakness; that he sat down and could not get up for some 15 minutes during which time he perspired; that his foreman, Don Strang, asked him what the trouble was and he told Strang that something had ‘ripped’ in his chest and that he couldn't move; that Strang said, ‘Oh! I've heard that before’ and walked away; that he remained in a sitting position until 4 P.M., his regular quitting time; that he then washed up and drove his own automobile to his home in Clifton, a distance of approximately 10 miles from the plant which was located in Caldwell, New Jersey; that his chest at this time felt puffed up; that that night he felt tired and had pains in both elbows and went to bed at 7:30 P.M., however, generally speaking he felt all right during the night; that he continued to work until July 22, 1942, although he says that between July 10 and July 22, he did a lighter type of work and experienced shortness of breath after walking any great distance and had pains in his elbows; that he did not go to the plant hospital nor make any request for medical attention to the respondent; that he sought the services of his own personal physician, a Dr. Budd, on July 17; that he went to Dr. Budd because he was tired out, had pains in his elbows and back; that he saw Dr. Budd again on July 22, at which time an electrocardiogram study was made and was told by Dr. Budd to stay in bed for several weeks; that he stayed in bed for three weeks during which time he was attended by Dr. Budd; that when he returned to work the latter part of September, 1942, he was given light work for two or three months when he ‘got sick all over again’; that he thereafter stayed home for a month and then was given a job as an inspector; that he thereafter sought employment and

37 A.2d 815

now works for the Wright Aeronautical Company in Paterson as a tool crib attendant; that at the present time his back, chest and elbows are painful, he has shortness of breath, feels bloated up and has to walk up steps slowly; that he does not do any heavy lifting and takes it easy; that he loses occasional time from his present work.

On cross-examination the petitioner at first insisted that he was in perfectly good health prior to July 10, 1942, however, he finally admitted that he had suffered pain over the outer aspect of the left elbow for a period of 5 years prior to July, 1942. He insisted that he described the alleged incident of July 10, 1942 to Dr. Budd and specifically denied that he ever told Dr. Budd that he had pains in his chest radiating to both elbows for a period of six months prior to July 1942. He also identified statements of claim made by him to the Metropolitan Life Insurance Company on July 28, 1942 (R-1 in evidence) and November 7, 1942 (R-4 in evidence). His testimony indicated that petitioner received $.71 an hour for a 40 hour week.

Joseph Lorenzo, testifying on behalf of the petitioner, stated that he worked with the petitioner for about a year prior to July, 1942; that in July, 1942, he worked at a job similar to that performed by the petitioner, working about six feet directly to the rear of the petitioner; that as he was working in this position on an unfixed date in July, 1942, he observed the petitioner go from his bench to a place where propeller blades were stacked and lift up a propeller blade, return to his bench and place the blade in a vise; that directly thereafter petitioner complained of pain and sat down; that the boss, Don Strang, came over and stated that there was to be no sitting down on the job; that petitioner then said that he felt poorly after he had lifted the blade following which he had suffered pain; that he had to lift blades for the petitioner thereafter; that petitioner worked on blades the remainder of the day but did no further lifting; that when petitioner sat down he was sweating; that he could not recall the exact date of that occurrence.

On...